Leane and Department of Natural Resources, Mines and Water; Anonymous (Third Party)

Application number:
210011
Decision date:
Monday, Mar 26, 2007

Leane and Department of Natural Resources, Mines and Water; Anonymous(Third Party)
 (210011, 26 March 2007)

s.42(1)(b) – existence and identity of confidential source of information

The applicant sought access to documents held by the Department in respect of an incident at a mine site.  The Department refused access primarily under section 42(1)(a) of the Freedom of Information Act 1992 (Qld) (FOI Act) on the basis that the disclosure of some of the matter could reasonably be expected to prejudice an investigation into a contravention or possible contravention of the Coal Mining Safety and Health Act 1999 (Qld).

At the time of external review, the investigation was complete and therefore the matter’s disclosure could no longer prejudice the investigation.  The Department released the majority of the matter however a third party, with the Department’s endorsement, claimed exemption from disclosure for several folios pursuant to section 42(1)(b) of the FOI Act.  Assistant Commissioner Gittins found that the matter remaining in issue was exempt from disclosure under section 42(1)(b) of the FOI Act.