SIM and Department of Police

Application number:
1995 S0013
Decision date:
Thursday, Apr 15, 1999

SIM and Queensland Police Service
 (1995 S0013, 15 April 1999) 

The applicant's husband died unexpectedly, and the sister of the deceased (the third party) subsequently wrote to the QPS, urging further investigation of the circumstances of her brother's death.  The applicant was interviewed by an officer of the QPS in relation to certain matters raised in the third party's letter, and subsequently applied to the QPS for access to the letter.  The third party objected to disclosure of any part of the letter, or of the attachments to it.  The third party and the QPS contended that the letter and attachments were exempt from disclosure under s.42(1)(a), s.46(1)(b) and s.44(1) of the FOI Act. 

The Information Commissioner found that the matter in issue was not exempt from disclosure under s.42(1)(a), as the QPS had concluded its investigation, and the Coroner had decided that an inquest would not be held.  The Information Commissioner found that those parts of the letter and attachments which comprised information that had been put to the applicant by the QPS, or which would already be known to the applicant, did not qualify for exemption from disclosure to the applicant under s.46(1)(b), but that the remaining matter, which was not known to the applicant, was exempt from disclosure under s.46(1)(b) of the FOI Act.

The Information Commissioner also found that certain segments of matter, which concerned the personal affairs of persons other than the applicant, were exempt from disclosure to the applicant under s.44(1) of the FOI Act, but that information concerning the shared personal affairs of the applicant and her late husband did not qualify for exemption from disclosure to the applicant under s.44(1) of the FOI Act.