Lally and Department of Health

Application number:
Decision date:
Tuesday, Sep 30, 2008

Lally and Department of Health
(210467, 30 September 2008 )


Section 12 Documents of the commissioner.


The applicant sought access to a letter together with its attachments, sent by a delegate of the Information Commissioner to the Department of Health in the course of a previous external review to which the applicant was a party. 


Using the principles outlined in Price and Surveyors’ Board of Queensland (1999) 5 QAR 110 Assistant Commissioner Corby found that the letter and its attachments were documents of the Commissioner for the purpose of section 12 of the FOI Act and therefore were excluded from the operation of the access provisions set out in Part 3 of the FOI Act.  Therefore the applicant had no right to obtain access to those documents under the FOI Act.