XY and Department of Corrective Services

Application number:
2006 F0173 & Ors
Decision date:
Tuesday, May 15, 2007

XY and Queensland Corrective Services
(2006 F0173, 15 May 2007)

 

XY and Queensland Corrective Services
(2006 F0176, 15 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 shared personal affairs of the applicant and other prisoners which were inextricably linked and could not be severed.  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 - Queensland State Archives Disposal Authority - rotational recording policy

 

In both reviews, QCS was unable to locate various audio intercom and video recordings sought by the applicant. QCS relied upon the rotational recording policy set out in Queensland State Archives Disposal Authority (QDAN 483) to account for these missing recordings. Assistant Commissioner Corby found that due to the reliance placed on section 29(4) of the FOI Act by QCS in its initial decision, the relevant tapes were not removed from the recording rotation prior to the expiry of the one month period. Accordingly, when QCS was required to identify the recordings for the purposes of external review, they could not be located as they had been recorded over pursuant to QDAN 483.