Leach and Department of Police

Leach and Queensland Police Service
(2006 F0264, 16 October 2006)

Sufficiency of search – section 77(1)(a) misconceived

The applicant sought access to “QP9s and Police Briefs” in relation to two charges made against him by the QPS, namely a charge of aggravated stalking regarding an incident on 20 September 2003 and a charge of contravention of a restraining order regarding an incident on 17 June 2004.  As a result of further searches and inquiries that the office requested the QPS to undertake, additional documents were released to the applicant. 

Assistant Commissioner Corby affirmed the internal review decision and found that there were no reasonable grounds for believing that further documents within the scope of the application existed and that searches and inquiries for further documents had been reasonable in the circumstances.  In so far as the applicant’s application sought access to documents already provided to the applicant, AC Corby considered that the applicant’s application was misconceived and section 77(1)(a) of the FOI Act applied.