5B3NGA and Department of Education [2019] QICmr 10 (2 April 2019)

Application Number
313885
Applicant
5B3NGA
Respondent
Department of Education
Decision Date
Tuesday, Apr 02, 2019
Catchwords

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - DOCUMENTS NONEXISTENT OR UNLOCATABLE - incomplete or missing documents - missing attachments to emails - whether agency has taken all reasonable steps to locate the documents the applicant seeks - section 67(1) of the Information Privacy Act 2009 (Qld) and sections 47(3)(e) and 52 of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - EXEMPT INFORMATION - LEGAL PROFESSIONAL PRIVILEGE - school records of child applicant - internal communications between departmental officers - whether documents exempt - section 67(1) of the Information Privacy Act 2009 (Qld) and sections 47(3)(a) and 48 and schedule 3 section 7 of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - CONTRARY TO PUBLIC INTEREST INFORMATION - school records of child applicant - third party personal information - information relating to the management of school staff - personal information and privacy - prejudice agency’s ability to obtain confidential information - prejudice management functions of an agency - whether disclosure would on balance be contrary to the public interest - section 67(1) of the Information Privacy Act 2009 (Qld) and sections 47(3)(b) and 49 of the Right to Information Act 2009 (Qld)

Appeals and judicial review

Decisions of the Information Commissioner can be subject to appeal and judicial review.
For matters under appeal, contact the appropriate jurisdiction directly.