Lally and Department of Health

Application number:
Decision date:
Tuesday, May 29, 2007

Lally and Queensland Health (Deaprtment of Health)
(210181, 29 May 2007)

Section 29B Previous application for the same document
Section 30(1) and (2) Forms of access

The applicant sought access to a document previously accessed (subject to the deletion of exempt matter) under the Freedom of Information Act 1992 (Qld) (FOI Act) but argued that his later Freedom of Information (FOI) application constituted a different application to his earlier application because he sought access to the document in a different format, pursuant to sections 30(1) and (2) of the FOI Act.

Assistant Commissioner Corby noted that section 30(1) of the FOI Act does not create a right of access to documents that is separate from section 25 of the FOI Act and was satisfied that: 

a)        the document had been the subject of an earlier application by the applicant to the same agency; 

b)        the agency’s decision on the applicant’s earlier FOI application had been the subject of a completed review under Part 5 of the FOI Act; and 

c)        the applicant’s FOI application did not disclose a reasonable basis for again seeking access to the document. 

Section 77(1)(a) Decision not to review 

AC Corby concluded that the applicant’s application for external review was misconceived and lacking substance and decided not to deal with the applicant’s application for external review.