PCL and Department of Police; Zane (Third Party)

Application number:
1999 S0057
Decision date:
Thursday, Jun 17, 1999

PCL and Queensland Police Service; Zane (Third Party)
(1999 S0057, 17 June 1999) 

In this 'reverse FOI' application, the applicants (a juvenile who was charged with wounding the third party, and the juvenile's mother) challenged the decision of the QPS to give the third party access to matter which would identify them. 

The Information Commissioner found that parts of the documents concerned the personal affairs of the applicants (i.e., the juvenile's residential address, date of birth, racial appearance and occupation) and parts of the documents concerned the shared personal affairs of the applicants and the third party (i.e., details of the QPS investigation of the incident which would identify the applicants, including a reference to an interview with the juvenile and his response to the complaint made by the third party). 

Following principles set out in Willsford and Brisbane City Council (1996) 3 QAR 368, the Information Commissioner decided that the public interest in the third party obtaining access to the matter in issue to enable him to assess the potential for, or pursue, a legal remedy (i.e., a civil claim for damages) outweighed the public interest in protecting from disclosure the identity of the juvenile as a person charged with a criminal offence.  The Information Commissioner therefore found that the matter in issue was not exempt from disclosure to the third party under s.44(1) of the FOI Act.  The Information Commissioner also found that the matter in issue was not exempt from disclosure to the third party under s.48(1) of the FOI Act, because it fell within the terms of the exception provided for in s.48(2) of the FOI Act.