Price and Gatton Shire Council

Application number:

2003 F0021

Decision date:

Tuesday, Dec 23, 2003

Price and Gatton Shire Council
(2003 F0021, 23 December 2003)

Sufficiency of search

The applicant sought access to video tape recordings from the respondent's internal and external security monitoring cameras for a certain period on 8 April 2002. As regards the external camera tape recording, after reviewing the information and evidence provided by the respondent, AC Moss was satisfied that no recording had been made on 8 April 2002 due to an error on the part of an officer of the respondent. Accordingly, AC Moss found that there were no reasonable grounds for believing that the tape recording requested by the applicant existed in the possession or under the control of the respondent, and that the searches and inquiries made by the respondent in an effort to locate the recording had been reasonable in all the circumstances of the case.

As regards the relevant internal camera tape recording, the respondent was unable to locate the requested tape and contended that it was likely that it had been erased on or around the time of the adoption by the respondent of its "Meeting recording policy" on 15 May 2002. On the basis of the material provided by the respondent, AC Moss found that there were no reasonable grounds for believing that the tape recording requested by the applicant existed in the possession or under the control of the respondent, and that the searches and inquiries made by the respondent in an effort to locate the recording had been reasonable in all the circumstances of the case.