Sheehan and Department of Police

Application number:
Decision date:
Thursday, Apr 05, 2007

Sheehan and Queensland Police Service
(210113, 5 April 2007)

Section 22(a) – refusal of access where arrangements made by an agency - sufficiency of search – speed camera

The applicant sought review of a decision of the Queensland Police Service (QPS) to refuse him access, pursuant to section 22(a) of the Freedom of Information Act 1992 (Qld) (FOI Act) to the QPS Speed Detection (Radar) Operations Guide (SDRO Guide).

The applicant also raised a 'sufficiency of search' issue regarding the existence of additional documents responsive to his Freedom of Information (FOI) application.  During the course of the review, the QPS determined that Chapter 6 of the Traffic Manual was also responsive to the applicant’s FOI application.

AC Gittins found that there were no reasonable grounds for believing that there were additional documents (other than Chapter 6 of the Traffic Manual), responsive to the applicant’s FOI application in the possession, or under the control, of the QPS and that the searches conducted by the QPS were reasonable in the circumstances of the case.

AC Gittins varied the decision of the QPS, finding that the QPS, pursuant to section 22(a) of the FOI Act: 

a)      correctly exercised its discretion to refuse access to the SDRO Guide; and 

b)      (exercising the power granted to the Information Commissioner under section 88(1)(b) of the FOI Act) was not required to provide a copy of Chapter 6 of the Traffic Manual to the applicant.