J6Q8CH and Office of the Health Ombudsman (No. 2) [2019] QICmr 27 (6 August 2019)

Application number:
314084
Applicant:
J6Q8CH
Respondent:
Office of the Health Ombudsman
Decision date:
Tuesday, Aug 06, 2019
Catchwords:

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - SCOPE OF APPLICATION - deletion of irrelevant information - agency excluded information which fell outside the scope, or was irrelevant to the terms, of the access application - section 88 of the Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - EXEMPT INFORMATION - LEGAL PROFESSIONAL PRIVILEGE - internal emails between agency staff and agency legal officer - whether the information would be privileged from production in a legal proceeding on the ground of legal professional privilege - section 67(1) of the Information Privacy Act 2009 (Qld) - sections 47(3)(a) and 48 of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - CONTRARY TO PUBLIC INTEREST - personal information and privacy - accountability and transparency - whether disclosure would, on balance, be contrary to the public interest - section 67(1) of the Information Privacy Act 2009 (Qld) and sections 47(3)(b) and 49 of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - DOCUMENTS NONEXISTENT OR UNLOCATABLE - applicant contends agency did not locate all relevant documents - whether agency has taken all reasonable steps to locate documents but the documents cannot be found or do not exist - section 67(1) of the Information Privacy Act 2009 (Qld) and sections 47(3)(e) and 52 of the Right to Information Act 2009 (Qld)