Gibbons and Department of Police

Gibbons and Queensland Police Service
(210133, 8 March 2007)

s.73(1)(d) – extension of time

The applicant sought an extension of time under section 73(1)(d) of the Freedom of Information Act 1992 (Qld) (FOI Act) in which to make an application for external review of an internal review decision of the Queensland Police Service (QPS).  The application for external review was made approximately 28 days after the timeframe under section 73(1)(d) of the FOI Act had expired.

Assistant Commissioner Gittins applied the decision of Information Commissioner Albietz in Young and Workers’ Compensation Board of Qld (1994) 1 QAR 543 and found that although QPS would not suffer any substantial prejudice if the extension was granted, given the absence of an acceptable explanation for the delay, and the fact that the substantive application did not disclose a reasonably arguable case or reasonable prospects of success, it was appropriate to refuse the application for extension of time.