Prisoners' Legal Service Inc. and Department of Corrective Services
(2000 S0110, 24 April 2001)
This was an application for access to part of an investigation report, namely, the Summary of Findings, on the circumstances surrounding the death in custody of an inmate at a correctional centre.
The private company which operated the correctional centre claimed that the matter in issue was exempt under s.41(1) of the FOI Act. The Information Commissioner decided that the matter in issue answered the description of 'deliberative process matter' as required by s.41(1)(a) of the FOI Act.
However, the Information Commissioner was not satisfied that disclosure of the matter in issue would, on balance, be contrary to the public interest. Accordingly, the Information Commissioner decided that it did not qualify for exemption under s.41(1) of the FOI Act.
