Devine and Department of Justice and Attorney-General

Devine and Department of Justice and Attorney-General
(1999 S0054, 31 March 2000) 

This review concerned the application of s.11(1)(e) of the FOI Act.  The applicant applied to the respondent for access to a number of e-mail communications in the possession of the Coroner that had been provided by an officer of the Queensland Police Service appointed to undertake investigations relevant to a coronial inquest into the death of the applicant's daughter. 

The e-mail communications, to and from the investigating officer, were routine in nature, and had been provided to the Coroner at a pre-inquest conference.  They were not tendered at the inquest.  The Information Commissioner found that the relevant e-mail communications were received by the Coroner in the performance of his judicial functions and therefore were excluded from the application of the FOI Act by the operation of s.11(1)(e).