H22 and Queensland Building and Construction Commission [2022] QICmr 52 (18 November 2022)

Application Number
316369
Applicant
H22
Respondent
Queensland Building and Construction Commission
Decision Date
Friday, Nov 18, 2022
Catchwords

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - EXEMPT INFORMATION - documents concerning alleged misconduct investigation - whether information was obtained, used or prepared for an investigation by a prescribed crime body or another agency in performance of the prescribed functions of the prescribed crime body - sections 47(3)(a), 48 and schedule 3, section 10(4) of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - EXEMPT INFORMATION - LEGAL PROFESSIONAL PRIVILEGE - communications between agency and legal advisers - whether information would be privileged from production in a legal proceeding on the ground of legal professional privilege - whether information exempt under section 48 and schedule 3, section 7 of the Right to Information Act 2009 (Qld) - whether access may be refused under section 47(3)(a) of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - EXEMPT INFORMATION – public interest disclosure information - whether disclosure of information is prohibited by section 65(1) of the Public Interest Disclosure Act 2010 (Qld) - whether information is exempt information under sections 47(3)(a) and 48 and schedule 3, section 12(1) of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - CONTRARY TO PUBLIC INTEREST - personnel information - personal information - prejudice agency management function - unsubstantiated allegations - accountability and transparency - whether disclosure would on balance be contrary to the public interest - 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.