Scott and Department of Corrective Services

Application number:
2006 F0171 & Ors
Decision date:
Tuesday, May 29, 2007

Scott and Queensland Corrective Services
(2006 F0171, 29 May 2007) 

Scott and Queensland Corrective Services
(2006 F0175, 29 May 2007) 

Section 42(1)(g) - matter relating to law enforcement or public safety - closed circuit television footage - potential risk to prison security 

The applicant sought access to video recordings from the closed circuit television (CCTV) system in the Maximum Security Unit (MSU) at Arthur Gorrie Correctional Centre (AGCC).  On external review, Queensland Corrective Services (QCS) claimed that disclosure of these recordings could reasonably be expected to endanger the security of the MSU and therefore, they qualified for exemption under section 42(1)(g) of the Freedom of Information Act 1992 (Qld) (FOI Act). Assistant Commissioner Corby found that the recordings qualified for exemption under section 42(1)(g) of the FOI Act primarily because of the risk of an escape attempt, hostage taking incident or disturbance within the MSU posed by disclosure of the CCTV footage and consequent danger to the security of the MSU at AGCC. 

Section 44(1) - matter relating to personal affairs - audio intercom recordings - shared personal affairs 

The applicant also sought access to audio recordings from the intercom system in the MSU at AGCC. On external review, QCS claimed that the recordings qualified for exemption under section 44(1) of the FOI Act. Assistant Commissioner Corby found that the recordings were prima facie exempt under section 44(1) because they contained information relating to the personal affairs other prisoners.  Assistant Commissioner Corby found there were no public interest considerations favouring disclosure of the recordings to outweigh the public interest in protecting the privacy of the other prisoners and therefore, the recordings qualified for exemption under section 44(1) of the FOI Act. 

Sufficiency of search – handheld video recording – released to applicant – allegation of missing footage 

The applicant also sought access to a handheld video recording of his relocation from his cell into the detention unit in the MSU of AGCC. On external review, QCS located this recording and raised no exemption claim under the FOI Act.  Upon viewing the recording, the applicant alleged that certain footage was missing.  The original eight millimetre tape used in the handheld video recorder could not be located by QCS. Assistant Commissioner Corby found that there were reasonable grounds to believe this tape had been destroyed and that there were no reasonable grounds to believe that additional footage of the incident was in the possession or under the control of QCS. 

Sufficiency of search – QCS reporting procedures - reports of correctional officers - use of force 

The applicant also sought access to reports of correctional officers regarding an incident involving him in which force was used. QCS released complete copies of three officer reports to the applicant in response to this request.  On external review, the applicant contended that further reports regarding this incident should exist because they were required to be produced pursuant to a QCS procedure entitled Safety and Security - Use of Force.  Assistant Commissioner Corby found that there were no reasonable grounds to believe that further reports regarding this incident were in the possession or under the control of QCS.