Section 42(3A) Law enforcement or public safety
The applicant sought access to a report of an investigation prepared by the Department of Justice and Attorney-General (Department) for the Crime and Misconduct Commission (CMC). Assistant Information Commissioner Corby found that the investigation and report had been conducted and prepared by the Department following the devolution by the CMC of its ‘misconduct functions’ under the Crime and Misconduct Act 2001 (Qld) to the Department. Accordingly, the parts of the report in issue in the review were exempt under section 42(3A) of the Freedom of Information Act 1992 (Qld) (FOI Act). Assistant Commissioner Corby found that the section 42(3B) exception to the section 42(3A) exemption in the FOI Act did not apply as the parts of the report in issue in the review were not ‘about’ the applicant.