WRD and Department of Corrective Services

Application number:
2002 S0165
Decision date:
Wednesday, Jun 25, 2003

WRD and Department of Corrective Services
(2002 S0165, 25 June 2003) 

The applicant sought access to a copy of a Withdrawal Summary which had been  prepared by a psychologist employed by the respondent upon the applicant's withdrawal from the respondent's Sex Offender Treatment Program (SOTP). 

Assistant Commissioner Moss found that sections of the Summary concerning the applicant's psychological profile and psychological testing were exempt from disclosure under s.42(1)(h).  AC Moss was satisfied that the SOTP answered the description of a system or procedure for the protection of persons, and that disclosure of the matter in issue could reasonably be expected to prejudice the SOTP. 

AC Moss also found that other sections of the Summary, comprising details of the applicant's sexual offences, concerned either the personal affairs of the applicant's victims, or the shared personal affairs of the applicant and his victims.  AC Moss was satisfied that the strong public interest in protecting the victims' privacy, was not outweighed by public interest considerations identified by the applicant as weighing in favour of disclosure to him of the matter in issue.  She decided that the matter in issue was exempt matter under s.44(1) of the FOI Act.