In effect from: 1 July 2025

Deciding if information is contrary to the public interest to release

An agency or Minister may refuse access to all or part of a document under section 47(3)(b) of the Right to Information Act 2009 (Qld) (RTI Act) to the extent the document comprises contrary to the public interest information. Agencies must use the public interest balancing test to decide if it would be contrary to the public interest to release information.

The RTI Act is not intended to prevent or discourage the giving of access to documents containing exempt information. An agency or Minister can decide to give access to documents containing contrary to the public interest information if they consider it would be appropriate to do so.

Note: references to an agency on this page include a Minister.

What is the public interest

The term public interest refers to considerations affecting the good order and functioning of the community and government affairs, for the well-being of citizens generally. Generally public interest considerations are common to all members, or a substantial segment, or the community, as distinct from matters that concern purely private or personal interests. However, there are some public interest considerations that apply for the benefit of an individual.

What is the public interest balancing test

Section 49 of the RTI Act sets out the steps that must be followed when applying the public interest factors. A decision maker is required to:

  1. identify any irrelevant factors and disregard them
  2. identify any factors favouring disclosure and nondisclosure
  3. balance the relevant factors favouring disclosure and nondisclosure; and
  4. decide whether, on balance, disclosure of the information would be contrary to the public interest.

Consideration of each factor involves a two-step process:

  • First, does the factor arise? This requires a careful assessment of the wording of the factor and whether it applies to the information being considered; and
  • Second, if the factor does arise, then the decision maker must determine the weight that factor should be given in the circumstances.

The decision maker then balances all the factors that have been identified to determine whether, on balance, it is contrary to the public interest to disclose the information.

Irrelevant factors

Decision makers must identify any irrelevant factors that apply, and then disregard them.

The RTI Act lists the factors which are irrelevant to deciding the public interest. They include that the person who created a document was or is of high seniority within the agency or a reasonable expectation that disclosing the information could:

  • cause embarrassment to the Government or a loss of confidence in the Government
  • result in the applicant misinterpreting or misunderstanding the document; or
  • result in mischievous conduct by the applicant.

The irrelevant factors listed in the RTI Act are not exhaustive. Others could flow from the agency, applicant, or information in the documents being considered. If a decision maker becomes aware of any other irrelevant factors they must also be identified and disregarded.

Irrelevant factors raised by agency

In Johnston and Brisbane City Council (Unreported, Office of the Information Commissioner, 6 December 2013), the agency expressed concern that the applicant would publicise any documents released to her. This raised for consideration whether disclosure of the information could reasonably be expected to result in mischievous conduct by the applicant.

The Right to Information Commissioner stated that it was an irrelevant factor and it was not taken into account in deciding whether disclosure of the information would, on balance, be contrary to the public interest.

Irrelevant factors raised by applicant

In Williams and Queensland Police Service [2017] QICmr 28 (4 August 2017), the applicant submitted that the information should not be withheld from him because he was a Member of Parliament and a public figure. He also asserted that because he was a public figure it was in the best interest of the public that all allegations be made available so he could defend himself.

The Assistant Information Commissioner decided that the IP Act applies equally to all individuals seeking access to information. The applicant did not have any additional access entitlement by reason of being a Member of Parliament or a public figure. The Assistant Information Commissioner did not take the applicant’s submissions or any other irrelevant factor into account when making the decision.

Public interest factors for and against disclosure

The RTI Act contains lists of public interest factors favouring disclosure and public interest factors favouring nondisclosure. The next step is to identify if there are any factors favouring disclosure and/or any factors favouring nondisclosure which apply to the information.

The factors listed in the RTI Act are not exhaustive. In some circumstances a decision maker might identify other public interest factors which are not listed in the legislation and take these into account.

Public interest harm factors

There are two lists of public interest factors against disclosure in schedule 4 of the RTI Act. While both sets of factors favour nondisclosure, their application is slightly different.

If a part 3 factor applies it is up to the decision maker to decide if a harm will be caused by disclosing the information.

For the part 4 factors (called the public interest harm factors) Parliament has decided that if they apply they will cause a harm, however the decision maker will still have to decide how much weight should be given to the factor.

Does the factor apply?

After identifying a public interest factor which may be relevant, carefully consider the wording of each factor.

  • Does the factor incorporate defined terms, eg ‘eligible family member’, ‘individual’, or ‘government’, which are relevant to the application?
  • Is there a specific threshold required by the factor, eg ‘prejudice’, ‘reveal’, or ‘ensure effective oversight’?
  • Does the factor specify criteria to be satisfied, eg prejudice to achieving the objects of a test, a substantial adverse effect on financial or property interests, a reasonable expectation that disclosure would destroy or diminish the commercial value of information?
  • Does the factor apply to a specific type of information, eg a trade secret, personal information, or deliberative process information?

It is important to identify which parts of the information, in the context of the application, raise the factor and to address any threshold requirements within the factor to determine whether it applies.

All relevant factors, both for and against disclosure, must be identified.

Explaining why and how the factor applies will assist the applicant to understand what has been taken into account in making the decision.

Developing a new public interest factor

As stated earlier, the public interest factors listed in schedule 4, parts 2 and 3 of the RTI Act are not exhaustive.

In some situations, a decision maker might identify that public interest considerations not reflected in the factors listed in the RTI Act are relevant to the application. This may be an entirely unique consideration or one which is similar to a listed factor.

In Seven Network Operations and Redland City Council; Third party (Unreported, Queensland Information Commissioner, 30 June 2011) the Assistant Information Commissioner created and considered an unlisted public interest factor favouring disclosure in relation to safe, informed and competitive markets.

In 6ZJ3HG and Department of Environment and Heritage Protection; OY76VY (Third Party) [2016] QICmr 8 (24 February 2016)the Acting Assistant Information Commissioner considered an unlisted public interest factor where disclosure could reasonably be expected to result in a person being subjected to lower level (that is, less than ‘serious’) harassment and intimidation.

Group similar factors for easier decision making

A number of public interest factors deal with similar topics. Where an application raises these overlapping factors, categorise and discuss similar factors together.

Each factor that is relevant still needs to be identified, along with the amount of harm and weight given to each one, but discussing them together can simplify the decision and reduce duplication. This can be done by:

  • grouping those factors together to avoid inadvertently giving them extra importance just because there is more than one
  • identifying each of the public interest considerations commonly raised by the different factors
  • if a part 4 factor is raised, note that it causes a public interest harm and identify how much
  • consider how important the effect of disclosure will be on the public interest consideration that is common to the grouped factors and why; and
  • if a factor in the group covers a different public interest concern, deal with it separately.

How do you balance the public interest?

Once all relevant factors favouring disclosure and nondisclosure have been identified, the decision maker must balance the public interest considerations to determine whether releasing the information would be contrary to the public interest.

Balancing the public interest is not a simple mathematical process. Having more factors favouring nondisclosure than disclosure does not automatically mean access is refused or vice versa.

To balance the public interest factors the decision maker needs to consider the relative importance of the applicable public interest factors for and against disclosure, taking into account the extent of any public interest harm flowing from part 4 factors.

The object of this balancing test is to:

  • work through the competing tensions between the relevant factors favouring disclosure and nondisclosure; and
  • come to a conclusion about whether the factors favouring nondisclosure are strong enough to establish that it would be contrary to the public interest to disclose the information.

Deciding the weight of competing factors

The degree of weight given to a relevant public interest factor will depend on the effect that disclosing the information would have on the public interest consideration addressed by the factor, including whether any public interest harm would be caused. If one of the relevant factors is a part 4 factor, harm will be caused, but the decision maker will need to identify how much.

The following considerations may also affect how much weight to give a public interest factor in the context of an application:

  • the degree of certainty that a factor will advance or detract from the public interest
  • the size of the section of the community for whom the factor is a concern
  • lapse of time
  • changes in circumstances; or
  • other information that has already been released.

If the factors are evenly balanced

Decision making under the RTI Act must be underpinned by a pro-disclosure bias and the agency must decide to give access to a document unless giving access would, on balance, be contrary to the public interest. Therefore, when the decision maker considers that the public interest factors for and against disclosure are evenly balanced then they are required to give access to the information in question.

List of decisions applying the public interest factors

Sections 47(3)(b) and 49 together set out the steps for deciding whether disclosing information would, on balance, be contrary to the public interest.  This includes identifying which relevant public interest factors mentioned in schedule 4 might favour disclosure or nondisclosure in the circumstances.

This section lists decisions which have considered particular public interest factors listed in schedule 4. The public interest factors are not exhaustive, meaning agencies and the Information Commissioner can identify new factors where it is appropriate to do so. The section also lists decisions which identified new factors.

Note that some of these decisions were made under the now repealed Freedom of Information Act 1992 (Qld) about provisions similar to the RTI Act.

1 – Promote open discussion of public affairs and enhance Government’s accountability
  • J2P8MT and Department of Health (Unreported, Queensland Information Commissioner, 11 May 2012)
  • Kiepe and The University of Queensland (Unreported, Queensland Information Commissioner, 1 August 2012)
  • CH32GI and Department of Justice and Attorney-General; Funeral Companies (Unreported, Queensland Information Commissioner, 22 November 2012)
  • G8KPL2 and Department of Health (Unreported, Queensland Information Commissioner, 17 June 2013)
  • Queensland Newspapers Pty Ltd and Queensland Police Service [2014] QICmr 5 (20 February 2014)
  • Deputy Premier and Minister for State Development, Infrastructure and Planning and The Premier; Mulherin, MP (Third Party) [2014] QICmr 41 (23 October 2014)
  • 8A3BPQ and Queensland Police Service [2014] QICmr 42 (30 October 2014)
  • Tol and The University of Queensland [2015] QICmr 4 (18 February 2015)
  • Rylsey Enterprises Pty Ltd and Cassowary Coast Regional Council [2015] QICmr 13 (12 May 2015)
  • Taggart and Queensland Police Service [2015] QICmr 16 (29 June 2015)
  • Campbell and North Burnett Regional Council; Melior Resources Incorporated (Third Party) [2016] QICmr 4 (29 January 2016)
  • Edmistone and Blackall-Tambo Regional Council [2016] QICmr 12 (15 April 2016)
  • Australian Workers’ Union and Queensland Treasury; Ardent Leisure Limited (Third Party) [2016] QICmr 28 (28 July 2016)
  • Glass Media Pty Ltd and Department of the Premier and Cabinet; Screen Queensland Pty Ltd (Third Party); The Walt Disney Company (Australia) Pty Ltd (Fourth Party) [2016] QICmr 30 (18 August 2016)
  • Straker and Sunshine Coast Regional Council; NBN Co Limited (Third Party) [2016] QICmr 44 (28 October 2016)
  • North Queensland Conservation Council Inc. and Department of State Development [2016] QICmr 46 (4 November 2016)
2 – Contribute to positive and informed debate on important issues or matters of serious interest
  • Sandy and Department of Community Safety (Unreported, Queensland Information Commissioner, 25 June 2013)
  • Queensland Newspapers Pty Ltd and Queensland Police Service [2014] QICmr 5 (20 February 2014)
  • Sunshine Coast Environment Council Inc and Department of National Parks, Sport and Racing; Springborg MP (Third Party) [2016] QICmr 10 (4 March 2016)
  • Glass Media Pty Ltd and Department of the Premier and Cabinet; Screen Queensland Pty Ltd (Third Party); The Walt Disney Company (Australia) Pty Ltd (Fourth Party) [2016] QICmr 30 (18 August 2016)
  • Straker and Sunshine Coast Regional Council; NBN Co Limited (Third Party) [2016] QICmr 44 (28 October 2016)
  • North Queensland Conservation Council Inc. and Department of State Development [2016] QICmr 46 (4 November 2016)
3 – Inform community of Government’s operations
  • CH32GI and Department of Justice and Attorney-General; Funeral Companies (Unreported, Queensland Information Commissioner, 22 November 2012)
  • Ellis and Moreton Bay Regional Council (Unreported, Queensland Information Commissioner, 27 March 2013)
  • Campbell and North Burnett Regional Council; Melior Resources Incorporated (Third Party) [2016] QICmr 4 (29 January 2016)
  • Australian Workers’ Union and Queensland Treasury; Ardent Leisure Limited (Third Party) [2016] QICmr 28 (28 July 2016)
  • Straker and Sunshine Coast Regional Council; NBN Co Limited (Third Party) [2016] QICmr 44 (28 October 2016)
  • North Queensland Conservation Council Inc. and Department of State Development [2016] QICmr 46 (4 November 2016)
4 – Ensure effective oversight of expenditure of public funds
  • CH32GI and Department of Justice and Attorney-General; Funeral Companies (Unreported, Queensland Information Commissioner, 22 November 2012)
  • Rylsey Enterprises Pty Ltd and Cassowary Coast Regional Council [2015] QICmr 13 (12 May 2015)
  • Edmistone and Blackall-Tambo Regional Council [2016] QICmr 12 (15 April 2016)
  • Glass Media Pty Ltd and Department of the Premier and Cabinet; Screen Queensland Pty Ltd (Third Party); The Walt Disney Company (Australia) Pty Ltd (Fourth Party) [2016] QICmr 30 (18 August 2016)
  • North Queensland Conservation Council Inc. and Department of State Development [2016] QICmr 46 (4 November 2016)
5 – Allow or assist inquiry into possible deficiencies in conduct or administration of agency or official
  • Gapsa and Department of Transport and Main Roads (Unreported, Queensland Information Commissioner, 6 September 2013)
  • 0P5BNI and Department of National Parks, Recreation, Sport and Racing (Unreported, Queensland Information Commissioner, 12 September 2013)
6 – Reveal or substantiate that agency or official has engaged in misconduct or negligent, improper or unlawful conduct
  • 0P5BNI and Department of National Parks, Recreation, Sport and Racing (Unreported, Queensland Information Commissioner, 12 September 2013)
7 – Applicant’s personal information
  • 0ZH6SQ and Queensland Health (Unreported, Queensland Information Commissioner, 21 May 2012)
  • G8KPL2 and Department of Health (Unreported, Queensland Information Commissioner, 17 June 2013)
  • B9QR0K and Queensland Police Service [2014] QICmr 8 (7 March 2014)
  • 8A3BPQ and Queensland Police Service [2014] QICmr 42 (30 October 2014)
  • Taggart and Queensland Police Service [2015] QICmr 16 (29 June 2015)
  • Suskova and Council of the City of Gold Coast [2015] QICmr 31 (27 November 2015)
9 – Deceased person’s personal information, and applicant is eligible family member
  • Keogh and Department of Health (PDF, 90.19 KB) (Unreported, Queensland Information Commissioner, 31 August 2010)
  • 13NJIH and Department of Health (PDF, 106.02 KB) (Unreported, Queensland Information Commissioner, 28 January 2011)
10 – Advance fair treatment of individuals and other entities in accordance with law in dealings with agencies
  • Gapsa and Department of Transport and Main Roads (Unreported, Queensland Information Commissioner, 6 September 2013)
  • 6E7YWS and Department of Housing and Public Works (Unreported, Queensland Information Commissioner, 24 October 2013)
11 – Reveal reason for government decision and any background or contextual information that informed decision
  • 07UKSD and Department of Environment and Resource Management (PDF, 86.37 KB) (Unreported, Queensland Information Commissioner, 23 December 2010)
  • J2P8MT and Department of Health (Unreported, Queensland Information Commissioner, 11 May 2012)
  • Kiepe and The University of Queensland (Unreported, Queensland Information Commissioner, 1 August 2012)
  • CH32GI and Department of Justice and Attorney-General; Funeral Companies (Unreported, Queensland Information Commissioner, 22 November 2012)
  • Queensland Newspapers Pty Ltd and Queensland Police Service [2014] QICmr 5 (20 February 2014)
  • Madden and Noosa Shire Council; Third Party [2014] QICmr 36 (26 August 2014)
  • Deputy Premier and Minister for State Development, Infrastructure and Planning and The Premier; Mulherin, MP (Third Party) [2014] QICmr 41 (23 October 2014)
  • 8A3BPQ and Queensland Police Service [2014] QICmr 42 (30 October 2014)
  • Tol and The University of Queensland [2015] QICmr 4 (18 February 2015)
  • Rylsey Enterprises Pty Ltd and Cassowary Coast Regional Council [2015] QICmr 13 (12 May 2015)
  • Taggart and Queensland Police Service [2015] QICmr 16 (29 June 2015)
  • Campbell and North Burnett Regional Council; Melior Resources Incorporated (Third Party) [2016] QICmr 4 (29 January 2016)
  • Australian Workers’ Union and Queensland Treasury; Ardent Leisure Limited (Third Party) [2016] QICmr 28 (28 July 2016)
  • Straker and Sunshine Coast Regional Council; NBN Co Limited (Third Party) [2016] QICmr 44 (28 October 2016)
12 – Reveal that information was incorrect, out of date, misleading, gratuitous, unfairly subjective or irrelevant
  • 94NNEZ and Department of Community Safety (PDF, 92.27 KB) (Unreported, Queensland Information Commissioner, 29 November 2010)
  • Marshall and Department of Police (PDF, 100.18 KB) (Unreported, Queensland Information Commissioner, 25 February 2011)
  • Matthews and Gold Coast City Council (PDF, 63.95 KB) (Unreported, Queensland Information Commissioner, 23 June 2011)
13 – Contribute to protection of environment
  • Moore and Rockhampton Regional Council (Unreported, Queensland Information Commissioner, 18 April 2012)
  • Daglish and Redland City Council (Unreported, Queensland Information Commissioner, 13 June 2013)
14 – Reveal environmental or health risks or measures relating to public health and safety
  • Seven Network (Operations) Limited and Redland City Council (PDF, 105.73 KB) (Unreported, Queensland Information Commissioner, 30 June 2011)
  • Seven Network (Operations) Limited and Safe Food Production Queensland (PDF, 98.79 KB) (Unreported, Queensland Information Commissioner, 10 February 2012)
  • N31ZEO and Department of Justice and Attorney-General (Unreported, Queensland Information Commissioner, 8 November 2013)
  • Australian Workers’ Union and Queensland Treasury; Ardent Leisure Limited (Third Party) [2016] QICmr 28 (28 July 2016)
16 – Contribute to administration of justice generally, including procedural fairness
  • Volep and Queensland Police Service (Unreported, Queensland Information Commissioner, 19 April 2013)
  • Nine Network Australia Pty Ltd and Queensland Police Service (Unreported, Queensland Information Commissioner, 31 July 2013)
  • Williams and Queensland Police Service [2017] QICmr 28 (4 August 2017)
  • F60XCX and Department of Natural Resources and Mines [2017] QICmr 19 (9 June 2017)
17 – Contribute to administration of justice for a person
  • 10S3KF and Department of Community Safety (PDF, 61.62 KB) (Unreported, Queensland Information Commissioner, 16 December 2011)
  • P6Y4SX and Department of Police (PDF, 79.37 KB) (Unreported, Queensland Information Commissioner, 31 January 2012)
  • I6XD0H and Department of Community Safety (Unreported, Queensland Information Commissioner, 26 June 2012)
  • Bruce Dulley Family Lawyers and WorkCover Queensland (Unreported, Queensland Information Commissioner, 26 July 2012)
  • Volep and Queensland Police Service (Unreported, Queensland Information Commissioner, 19 April 2013)
  • Nine Network Australia Pty Ltd and Queensland Police Service (Unreported, Queensland Information Commissioner, 31 July 2013)
  • P06DKS and Queensland Police Service [2018] QICmr 29 (15 June 2018)
18 – Contribute to enforcement of criminal law
  • Troiani and Queensland Police Service (Unreported, Queensland Information Commissioner, 21 August 2012)
  • 6E7YWS and Department of Housing and Public Works (Unreported, Queensland Information Commissioner, 24 October 2013)
19 – Contribute to innovation and the facilitation of research
  • Abbot and Marohasy and Central Queensland University [2017] QICmr 54 (21 November 2017)

2 – Prejudice private, business, professional, commercial or financial affairs of entities
  • Seven Network (Operations) Limited and Redland City Council (PDF, 105.73 KB) (Unreported, Queensland Information Commissioner, 30 June 2011)
  • Food business and Gold Coast City Council; Seven Network Operations (Third Party) (PDF, 90.56 KB) (Unreported, Queensland Information Commissioner, 14 September 2011)
  • Gordon Resources Limited and Department of Employment, Economic Development and Innovation and BHP-Billiton Mitsubishi Alliance Coal Operations Pty Ltd (Third Party) (Unreported, Queensland Information Commissioner, 21 September 2011)
  • CH32GI and Department of Justice and Attorney-General; Funeral Companies (Unreported, Queensland Information Commissioner, 22 November 2012)
  • Stewart and SunWater Limited (Unreported, Queensland Information Commissioner, 21 December 2012)
  • N31ZEO and Department of Justice and Attorney-General (Unreported, Queensland Information Commissioner, 8 November 2013)
  • Quandamooka Yoolooburrabee Aboriginal Corporation and Department of Natural Resources and Mines; Sibelco Australia Ltd (Third Party) [2014] QICmr [47] (19 November 2014)
  • Campbell and North Burnett Regional Council; Melior Resources Incorporated (Third Party) [2016] QICmr 4 (29 January 2016)
  • North Queensland Conservation Council Inc and Queensland Treasury [2016] QICmr 21 (10 June 2016)
  • Straker and Sunshine Coast Regional Council; NBN Co Limited (Third Party) [2016] QICmr 44 (28 October 2016)
  • North Queensland Conservation Council Inc. and Department of State Development [2016] QICmr 46 (4 November 2016)
3 – Prejudice protection of an individual’s right to privacy
  • 13NJIH and Department of Health (PDF, 106.02 KB) (Unreported, Queensland Information Commissioner, 28 January 2011)
  • Marshall and Department of Police (PDF, 100.18 KB) (Unreported, Queensland Information Commissioner, 25 February 2011)
  • P6Y4SX and Department of Police (PDF, 79.37 KB) (Unreported, Queensland Information Commissioner, 31 January 2012)
  • 0ZH6SQ and Queensland Health (Unreported, Queensland Information Commissioner, 21 May 2012)
  • G8KPL2 and Department of Health (Unreported, Queensland Information Commissioner, 17 June 2013)
  • 6XY7LE and child of 6XY7LE and Department of Education, Training and Employment [2014] QICmr 1 (15 January 2014)
  • The Barlow Group Pty Ltd and Department of Housing and Public Works; JM Kelly (Project Builders) Pty Ltd (Third Party) [2014] QICmr 12 (8 April 2014)
  • WL1T8P and Queensland Police Service [2014] QICmr 40 (16 October 2014)
  • 8A3BPQ and Queensland Police Service [2014] QICmr 42 (30 October 2014)
  • Parnell and Queensland Police Service [2017] QICmr 8 (7 March 2017)
  • Gregory and Queensland Police Service [2014] QICmr 48 (21 November 2014)
  • Tol and The University of Queensland [2015] QICmr 4 (18 February 2015)
  • Malfliet and Department of Justice and Attorney-General [2015] QICmr 5 (19 March 2015)
  • Hof and Rockhampton Regional Council [2015] QICmr 8 (15 April 2015)
  • B7TG4G and Gold Coast Hospital and Health Service [2015] QICmr 11 (1 May 2015)
  • Queensland Newspapers Pty Ltd and Ipswich City Council; Third Party [2015] QICmr 12 (12 May 2015)
  • Taggart and Queensland Police Service [2015] QICmr 16 (29 June 2015)
  • Suskova and Council of the City of Gold Coast [2015] QICmr 31 (27 November 2015)
  • Balzary and Redland City Council; Tidbold (Third Party) [2017] QICmr 41 (1 September 2017)
5 – Deceased person’s personal information, and applicant is eligible family member – impact on deceased person’s privacy if deceased person were alive
  • Keogh and Department of Health (PDF, 90.19 KB) (Unreported, Queensland Information Commissioner, 31 August 2010)
  • 13NJIH and Department of Health (PDF, 106.02 KB) (Unreported, Queensland Information Commissioner, 28 January 2011)
6 – Prejudice fair treatment of individuals and information is about unsubstantiated allegations of misconduct or unlawful, negligent or improper conduct
  • Troiani and Queensland Police Service (Unreported, Queensland Information Commissioner, 21 August 2012)
  • N31ZEO and Department of Justice and Attorney-General (Unreported, Queensland Information Commissioner, 8 November 2013)
8 – Impede administration of justice generally, including procedural fairness
  • Moss and Department of Employment, Economic Development and Innovation (PDF, 126.62 KB) (Unreported, Queensland Information Commissioner, 22 September 2010)
  • Sibelco Australia Ltd and Department of Natural Resources and Mines (Unreported, Queensland Information Commissioner, 15 March 2013)
  • G8KPL2 and Department of Health (Unreported, Queensland Information Commissioner, 17 June 2013)
  • N31ZEO and Department of Justice and Attorney-General (Unreported, Queensland Information Commissioner, 8 November 2013)
  • Zacka and Fraser Coast Regional Council; BGM Projects Pty Ltd (Third Party) & Ors [2019] QICmr 2 (14 February 2019)
9 – Impede administration of justice for a person
  • G8KPL2 and Department of Health (Unreported, Queensland Information Commissioner, 17 June 2013)
10 –  Prejudice security or good order of corrective services facility
  • Beale and Department of Community Safety (Unreported, Queensland Information Commissioner, 11 May 2012)
12 – Prejudice the economy of the state
  • North Queensland Conservation Council Inc and Queensland Treasury [2016] QICmr 21 (10 June 2016)
  • North Queensland Conservation Council Inc. and Department of State Development [2016] QICmr 46 (4 November 2016)
13 – Prejudice flow of information to police or another law enforcement or regulatory agency
  • Marshall and Department of Police (PDF, 100.18 KB) (Unreported, Queensland Information Commissioner, 25 February 2011)
  • P6Y4SX and Department of Police (PDF, 79.37 KB) (Unreported, Queensland Information Commissioner, 31 January 2012)
  • Setschnjak and Department of Justice and Attorney-General (Unreported, Queensland Information Commissioner, 25 May 2012)
  • WL1T8P and Queensland Police Service [2014] QICmr 40 (16 October 2014)
  • Gregory and Queensland Police Service [2014] QICmr 48 (21 November 2014)
  • Suskova and Council of the City of Gold Coast [2015] QICmr 31 (27 November 2015)
14 – Prejudice intergovernmental relations
  • Greenpeace Australia Pacific and Queensland Treasury; Northern Australia Infrastructure Facility (Third Party) [2018] QICmr 9 (1 March 2018)
15 – Prejudice trade secrets, business affairs or research of agency or person
  • CH32GI and Department of Justice and Attorney-General; Funeral Companies (Unreported, Queensland Information Commissioner, 22 November 2012)
  • North Queensland Conservation Council Inc and Queensland Treasury [2016] QICmr 21 (10 June 2016)
  • North Queensland Conservation Council Inc. and Department of State Development [2016] QICmr 46 (4 November 2016)
  • Abbot and Marohasy and Central Queensland University [2017] QICmr 54 (21 November 2017)
16 – Prejudice agency’s ability to obtain confidential information
  • DH6QO5 and Department of Health (Unreported, Queensland Information Commissioner, 11 May 2011)
  • Matthews and Gold Coast City Council (PDF, 63.95 KB) (Unreported, Queensland Information Commissioner, 23 June 2011)
  • I69VLS and Sunshine Coast Regional Council (Unreported, Queensland Information Commissioner, 3 September 2013)
  • 6XY7LE and child of 6XY7LE and Department of Education, Training and Employment [2014] QICmr 1 (15 January 2014)
  • 8A3BPQ and Queensland Police Service [2014] QICmr 42 (30 October 2014)
  • 8RS6ZB and Metro North Hospital and Health Service [2015] QICmr 3 (13 February 2015)
  • Malfliet and Department of Justice and Attorney-General [2015] QICmr 5 (19 March 2015)
  • Hof and Rockhampton Regional Council [2015] QICmr 8 (15 April 2015)
  • B7TG4G and Gold Coast Hospital and Health Service [2015] QICmr 11 (1 May 2015)
  • North Queensland Conservation Council Inc and Queensland Treasury [2016] QICmr 21 (10 June 2016)
  • Greenpeace Australia Pacific and Queensland Treasury; Northern Australia Infrastructure Facility (Third Party) [2018] QICmr 9 (1 March 2018)
17 – Prejudice competitive commercial activities of agency
  • Mineralogy Pty Ltd and North Queensland Bulk Ports Corporation Limited (Unreported, Queensland Information Commissioner, 15 October 2012)
  • Stewart and SunWater Limited (Unreported, Queensland Information Commissioner, 21 December 2012)
18 – Prejudice conduct of investigations, audits or reviews by ombudsman or auditor-general
  • Q Squash Ltd and Department of Local Government, Sport and Recreation; Fraser (third party) (Unreported, Queensland Information Commissioner, 30 June 2008) [note: this FOI decision is the only OIC decision on this point]
19 – Prejudice management function of agency or conduct of industrial relations by agency
  • Daw and Queensland Rail (PDF, 74.45 KB) (Unreported, Queensland Information Commissioner, 24 November 2010)
  • Collins and Department of Justice and Attorney-General (Unreported, Queensland Information Commissioner, 4 June 2012)
  • I6XD0H and Department of Community Safety (Unreported, Queensland Information Commissioner, 26 June 2012)
  • Gapsa and Department of Transport and Main Roads (Unreported, Queensland Information Commissioner, 12 April 2013)
  • G8KPL2 and Department of Health (Unreported, Queensland Information Commissioner, 17 June 2013)
  • Gapsa and Department of Transport and Main Roads (Unreported, Queensland Information Commissioner, 6 September 2013)
  • Jose and Queensland Police Service [2014] QICmr 7 (7 March 2014)
  • 8A3BPQ and Queensland Police Service [2014] QICmr 42 (30 October 2014)
  • Tol and The University of Queensland [2015] QICmr 4 (18 February 2015)
  • Malfliet and Department of Justice and Attorney-General [2015] QICmr 5 (19 March 2015)
  • Hof and Rockhampton Regional Council [2015] QICmr 8 (15 April 2015)
  • Taggart and Queensland Police Service [2015] QICmr 16 (29 June 2015)
20 – Prejudice deliberative process of government
  • Pallara Action Group Inc and Brisbane City Council (Unreported, Queensland Information Commissioner, 21 September 2012)
  • Abbot and the University of Queensland (Unreported, Queensland Information Commissioner, 16 October 2012)
  • Johnston and Brisbane City Council (Unreported, Queensland Information Commissioner, 6 December 2013)
  • Queensland Newspapers Pty Ltd and Queensland Police Service [2014] QICmr 5 (20 February 2014)
  • Beilby and Brisbane City Council [2015] QICmr 1 (14 January 2015)
  • North Queensland Conservation Council Inc and Queensland Treasury [2016] QICmr 21 (10 June 2016)
  • Straker and Sunshine Coast Regional Council; NBN Co Limited (Third Party) [2016] QICmr 44 (28 October 2016)
  • North Queensland Conservation Council Inc. and Department of State Development [2016] QICmr 46 (4 November 2016)
  • Barling and Brisbane City Council [2017] QICmr 47 (15 September 2017)
  • Hodgetts and Department of State Development, Infrastructure, Local Government and Planning [2022] QICmr 34
21 – Prejudice effectiveness of testing or auditing procedures
  • Nine Network Australia Pty Ltd and Department of Justice and Attorney-General (PDF, 79.52 KB) (Unreported, Queensland Information Commissioner, 14 February 2012)
22 – Disclosure of information is prohibited by an Act
  • N31ZEO and Department of Justice and Attorney-General (Unreported, Queensland Information Commissioner, 8 November 2013)
  • Nine Network Australia Pty Ltd and Queensland Police Service; Third Parties (Unreported, Queensland Information Commissioner, 5 December 2013)
  • Quandamooka Yoolooburrabee Aboriginal Corporation and Department of Natural Resources and Mines; Sibelco Australia Ltd (Third Party) [2014] QICmr [47] (19 November 2014)

1 – Affecting relations with other governments
  • Greenpeace Australia Pacific and Queensland Treasury; Northern Australia Infrastructure Facility (Third Party) [2018] QICmr 9 (1 March 2018)
2 – Affecting investigations by ombudsman or audits by auditor-general
  • Q Squash Ltd and Department of Local Government, Sport and Recreation; Fraser (third party) (Unreported, Queensland Information Commissioner, 30 June 2008)
3 – Affecting particular operations of agencies
  • G8KPL2 and Department of Health (Unreported, Queensland Information Commissioner, 17 June 2013)
  • Jose and Queensland Police Service [2014] QICmr 7 (7 March 2014)
  • Malfliet and Department of Justice and Attorney-General [2015] QICmr 5 (19 March 2015)
  • Taggart and Queensland Police Service [2015] QICmr 16 (29 June 2015)
4 – Disclosing deliberative processes
  • Pallara Action Group Inc and Brisbane City Council (Unreported, Queensland Information Commissioner, 21 September 2012)
  • Abbot and the University of Queensland (Unreported, Queensland Information Commissioner, 16 October 2012)
  • Johnston and Brisbane City Council (Unreported, Queensland Information Commissioner, 6 December 2013)
  • Queensland Newspapers Pty Ltd and Queensland Police Service [2014] QICmr 5 (20 February 2014)
  • Beilby and Brisbane City Council [2015] QICmr 1 (14 January 2015)
  • Sunshine Coast Environment Council Inc and Department of National Parks, Sport and Racing; Springborg MP (Third Party) [2016] QICmr 10 (4 March 2016)
  • North Queensland Conservation Council Inc and Queensland Treasury [2016] QICmr 21 (10 June 2016)
  • Straker and Sunshine Coast Regional Council; NBN Co Limited (Third Party) [2016] QICmr 44 (28 October 2016)
  • North Queensland Conservation Council Inc. and Department of State Development [2016] QICmr 46 (4 November 2016)
5 – Disclosing information brought into existence for ensuring security or good order of corrective services facility
  • Beale and Department of Community Safety (Unreported, Queensland Information Commissioner, 11 May 2012)
  • Q20RYB and Department of Justice and Attorney-General [2014] QICmr 2 (16 January 2014)
6 – Disclosing personal information
  • 0ZH6SQ and Queensland Health (Unreported, Queensland Information Commissioner, 21 May 2012)
  • Setschnjak and Department of Justice and Attorney-General (Unreported, Queensland Information Commissioner, 25 May 2012)
  • Lockyer Valley Regional Council and Queensland Police Service (Unreported, Queensland Information Commissioner, 15 May 2013)
  • Marchant and Queensland Police Service (Unreported, Queensland Information Commissioner, 10 September 2013)
  • 0P5BNI and Department of National Parks, Recreation, Sport and Racing (Unreported, Queensland Information Commissioner, 12 September 2013)
  • Gregory and Queensland Police Service [2014] QICmr 48 (21 November 2014)
  • Tol and The University of Queensland [2015] QICmr 4 (18 February 2015)
  • Malfliet and Department of Justice and Attorney-General [2015] QICmr 5 (19 March 2015)
  • Parnell and Queensland Police Service [2017] QICmr 8 (7 March 2017)
  • Hof and Rockhampton Regional Council [2015] QICmr 8 (15 April 2015)
  • B7TG4G and Gold Coast Hospital and Health Service [2015] QICmr 11 (1 May 2015)
  • Queensland Newspapers Pty Ltd and Ipswich City Council; Third Party [2015] QICmr 12 (12 May 2015)
  • Taggart and Queensland Police Service [2015] QICmr 16 (29 June 2015)
  • Suskova and Council of the City of Gold Coast [2015] QICmr 31 (27 November 2015)
  • Balzary and Redland City Council; Tidbold (Third Party) [2017] QICmr 41 (1 September 2017)
7 – Disclosing trade secrets, business affairs or research
  • Kalinga Wooloowin Residents Association Inc and the Department of Employment, Economic Development and Innovation (PDF, 151.54 KB) (Unreported, Queensland Information Commissioner, 19 December 2011)
  • Kalinga Wooloowin Residents Association Inc and Brisbane City Council; City North Infrastructure Pty Ltd (Third Party); Treasury Department (Fourth Party) (Unreported, Queensland Information Commissioner, 9 May 2012)
  • CH32GI and Department of Justice and Attorney-General; Funeral Companies (Unreported, Queensland Information Commissioner, 22 November 2012)
  • Daglish and Redland City Council (Unreported, Queensland Information Commissioner, 13 June 2013)
  • Quandamooka Yoolooburrabee Aboriginal Corporation and Department of Natural Resources and Mines; Sibelco Australia Ltd (Third Party) [2014] QICmr [47] (19 November 2014)
  • Glass Media Pty Ltd and Department of the Premier and Cabinet; Screen Queensland Pty Ltd (Third Party); The Walt Disney Company (Australia) Pty Ltd (Fourth Party) [2016] QICmr 30 (18 August 2016)
8 – Affecting confidential communications
  • Hardy and Department of Health (PDF, 89.39 KB) (Unreported, Queensland Information Commissioner, 27 June 2011)
  • AQU1L6 and the Crime and Misconduct Commission; 7G5BAL (Third Party) (PDF, 76.42 KB) (Unreported, Queensland Information Commissioner, 19 October 2011)
  • 8RS6ZB and Metro North Hospital and Health Service [2015] QICmr 3 (13 February 2015)
  • B7TG4G and Gold Coast Hospital and Health Service [2015] QICmr 11 (1 May 2015)
9 – Affecting State economy
  • Seeney, MP and Department of State Development; Berri Limited (Third Party) (2004) 6 QAR 354
  • Cole and Department of State Development, Infrastructure and Planning (Office of Industrial Relations); & Ors [2024] QICmr 67 (26 November 2024)
10 – Affecting financial or property interests of State or agency
  • Seeney, MP and Department of State Development; Berri Limited (Third Party) (2004) 6 QAR 354
  • Halcyon Waters Community Pty Ltd and Gold Coast City Council (Unreported, Queensland Information Commissioner, 14 September 2009)

Foster informed and competitive markets, and thereby discourage and reduce unfair trading practices

Bowmaker Realty and Department of Justice and Attorney-General; Andrews [2015] QICmr 19 (17 August 2015)

Result in a person being subjected to lower level (that is, less that "serious") harassment and intimidation.

6ZJ3HG and Department of Environment and Heritage Protection; OY76VY (Third Party) [2016] QICmr 8 (24 February 2016)

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