Cole and Department of State Development, Infrastructure and Planning (Office of Industrial Relations); & Ors [2024] QICmr 67 (26 November 2024)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - EXEMPT INFORMATION - BREACH OF CONFIDENCE - air quality monitoring reports concerning tunnelling activities on the Cross River Rail project - whether disclosure would found an action for breach of confidence - sections 47(3)(a) and 48 and schedule 3, section 8(1) of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - EXEMPT INFORMATION - LAW ENFORCEMENT OR PUBLIC SAFETY INFORMATION - air quality monitoring reports - whether disclosure could reasonably be expected to prejudice the investigation of a contravention or possible contravention of the law - whether disclosure could reasonably be expected to endanger a person's life or physical safety - whether disclosure could reasonably be expected to result in a person being subjected to a serious act of harassment or intimidation - whether disclosure could reasonably be expected to prejudice a person’s fair trial or the impartial adjudication of a case - whether disclosure could reasonably be expected to prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law - whether disclosure could reasonably be expected to prejudice a system or procedure for the protection of persons, property or the environment - sections 47(3)(a) and 48 and schedule 3, sections 10(1)(a), (c), (d), (e), (f) and (i) of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - CONTRARY TO THE PUBLIC INTEREST INFORMATION - air quality monitoring reports - whether disclosure of information would, on balance, be contrary to the public interest - sections 47(3)(b) and 49 of the Right to Information Act 2009 (Qld)

This decision is the subject of an appeal to QCAT