IJK and Department of Public Works
(210455, 23 June 2008)
Section 22(a) Documents to which access may be refused
Both parties to the external review agreed that under the Public Service Regulation 2007 (Qld) (PS Regulation) the applicant had already been provided with copies of the documents sought under the Freedom of Information Act 1992 (Qld) (FOI Act). However, as the documents released by the Department of Public Works (DPW) under the PS Regulation were accompanied by a direction allowing the applicant to disclose the documents in issue only to those persons specified in the direction (DPW Direction), the applicant sought access to the documents under the FOI Act with a view to using the documents without the restriction imposed by the DPW Direction.
Assistant Commissioner Henry found that the FOI Act and Regulation 14 of the PS Regulation are concerned with access to information whereas the DPW Direction is concerned with the use of information. Accordingly, it is immaterial whether the documents in issue were accessed under the PS Regulation or the FOI Act because the restricted use complained of by the applicant is imposed by the DPW Direction, not the Regulation.
As the applicant can and has accessed the documents in issue under the Regulation, Assistant Commissioner Henry found that that the DPW was entitled to refuse the applicant access to the documents in issue under section 22(a) of the FOI Act.