Scott and Queensland Corrective Services
(2005/F0681, 30 January 2008)
Sufficiency of search
In this review, the applicant sought access to a variety of documents from Queensland Corrective Services (QCS), including audio intercom recordings, video recordings and paper documents. During the course of this review, QCS conducted searches for documents responsive to the terms of the applicant’s freedom of information (FOI) application and released numerous documents to the applicant as a result of those searches. The applicant raised sufficiency of search issues with respect to audio intercom recordings and closed circuit television footage (CCTV) from correctional centres, video recordings of the applicant’s major breach hearings, and documents relating to breaches and incidents involving the applicant.
Assistant Commissioner (AC) Corby found that there were no reasonable grounds to believe that additional documents, as contended by the applicant, were in the possession or under the control of QCS. AC Corby also found that the searches conducted by QCS had been reasonable in the circumstances of this review.
Section 44(1) – personal affairs
Some of the documents located in response to the applicant’s FOI application were subject to a partial claim of exemption under section 44(1) of the Freedom of Information Act 1992 (Qld) (FOI Act) by QCS. The matter in issue in those documents comprised personal details of one of the applicant’s visitors, injuries suffered by a correctional centre staff member and details relating to other prisoners accommodated in the same correctional centre as the applicant.
AC Corby found that the matter in issue was prima facie exempt under section 44(1) of the FOI Act and that the public interest in disclosing the matter in issue was outweighed by the public interest in protecting the privacy of the other individuals concerned. Accordingly, AC Corby found that the matter in issue in those documents was exempt from disclosure under section 44(1) of the FOI Act.
