Gold Coast Bulletin and Queensland Police Service (310012)

Application number:
310012
Decision date:
Thursday, Dec 23, 2010

Section 47(3)(a) Right to Information Act – refusal of access

Section 48 Right to Information Act – exempt information

 

The applicant sought access to copies of police staffing rosters for a specified period and the current police staffing model for Surfers Paradise Police Station.  Queensland Police Service (QPS) released the relevant staffing model and refused access to the rosters on the basis that they comprised exempt information.

 

The applicant sought review of QPS’s decision refusing access to the rosters.

 

The RTI Commissioner considered the application of sections 47(3)(a), 48 and schedule 3, section 10(1)(f) of the RTI Act to the rosters and considered whether:

 

·       there was an identifiable method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law

·       there was a reasonable expectation of prejudice to that method or procedure, that arose as a consequence of disclosure of the information.

 

Whether there is an identifiable method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law

 

Referring to Chapman v Commissioner of Police [2004] NSWADT 35 (20 February 2004) and relevant submissions, the RTI Commissioner was satisfied that the police rosters comprised a method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law.

 

Whether there is a reasonable expectation that disclosure of the information could prejudice the effectiveness of the method or procedure

 

The RTI Commissioner referred to the decision in Sheridan and South Burnett Regional Council (and Others) (Unreported, Queensland Information Commissioner, 9 April 2009) when considering the reasonableness of the expectation of prejudice.  She was satisfied that in this circumstance, disclosure of the rosters could reasonably be expected to prejudice the effectiveness of the method or procedure of rostering.

 

Accordingly, the Commissioner decided that access could be refused to the rosters on the basis that they comprised exempt information under sections 47(3)(a), 48 and schedule 3, section 10(1)(f) of the RTI Act.