Price and Department of Mines and Energy

Application number:
1999 S0077
Decision date:
Monday, Oct 30, 2000

Price and Department of Mines and Energy

(1997 S0132, 27 October 2000) 

Price and Surveyors' Board of Queensland

(1998 S0157, 31 January 2001) 

Price and Department of Mines and Energy

(1999 S0077, 30 October 2000) 

In these applications, the applicant sought access to a range of documents, including documents to which he had already been granted access pursuant to earlier FOI access applications, or which the Information Commissioner had previously found to be exempt matter under the FOI Act. The Deputy Information Commissioner decided not to deal further with those categories of documents pursuant to s.77(1) of the FOI Act.  The Deputy Information Commissioner also found certain matter to be exempt from disclosure to the applicant under s.42(1)(b) and s.44(1) of the FOI Act. 

The applicant asserted that further documents existed in the respondent agencies' possession or control that had not been disclosed to him. Applying the principles stated in Shepherd and Department of Housing, Local Government and Planning (1994) 1 QAR 464, the Deputy Information Commissioner was satisfied that there were no reasonable grounds to believe that further documents existed that fell within the terms of the applicant's FOI access application and that the searches conducted by the agencies had been satisfactory in all the circumstances. 

Following the reasons set out in Price and Surveyors Board of Queensland (1999) 5 QAR 110, the Deputy Information Commissioner also found that documents comprising correspondence from my Office to the respondent agencies were 'documents of the commissioner' within the terms of s.12 of the FOI Act, and hence that they were excluded from the application of Part 3 of the FOI Act.