Price and Gatton Shire Council

Application number:
2001 L0018 & Ors
Decision date:
Wednesday, Aug 07, 2002

Price and Gatton Shire Council
 (2001 L0018, 7 August 2002) 

Price and Gatton Shire Council
 (2001 L0019, 7 August 2002) 

The applicant sought access to documents relating to a visit to his property by officers of the respondent and police, following a complaint that cattle were straying onto the road.  The respondent located a diary entry and a tape in response to the applicant's FOI access application.  The applicant argued that further relevant documents ought to exist in the Council's possession or under its control. 

Applying the principles established in Shepherd and Department of Housing, Local Government & Planning (1994) 1 QAR 464, and taking into account the statutory declarations provided by the respondent, Assistant Commissioner (AC) Barker decided that there were no reasonable grounds for believing that any additional documents, which fell within the terms of the applicant's FOI access application, existed in the possession or control of the respondent, and that the searches and inquiries conducted by the respondent in an effort to locate any additional responsive documents had been reasonable in all the circumstances of the case.