Published on Office of the Information Commissioner Queensland
(https://www.oic.qld.gov.au)
Application number:
1993 S0077
Decision date:
Friday, Mar 11, 1994
Reported:
(1994) 1 QAR 386
T and Queensland Health
(1993 S0077, 11 March 1994)
This case contains a detailed analysis of s.42(1)(e) of the FOI Act, explaining the meaning of its key phrases 'lawful method or procedure' and 'contravention or possible contravention of the law'. (The Information Commissioner decided that the latter phrase is not confined to contraventions of provisions which impose criminal penalties).
The circumstances in which there might be a reasonable expectation of prejudice to the effectiveness of law enforcement methods and procedures are discussed.
The principles are illustrated in relation to methods or procedures adopted by Queensland Health's Drugs of Dependency Unit in performing its functions under the Poisons Regulation 1973 Qld.