J6Q8CH and Office of the Health Ombudsman (No. 2) [2019] QICmr 27 (6 August 2019)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - SCOPE OF APPLICATION - deletion of irrelevant information - agency excluded information which fell outside the scope, or was irrelevant to the terms, of the access application - section 88 of the Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - EXEMPT INFORMATION - LEGAL PROFESSIONAL PRIVILEGE - internal emails between agency staff and agency legal officer - whether the information would be privileged from production in a legal proceeding on the ground of legal professional privilege - section 67(1) of the Information Privacy Act 2009 (Qld) - sections 47(3)(a) and 48 of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - CONTRARY TO PUBLIC INTEREST - personal information and privacy - accountability and transparency - 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)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - DOCUMENTS NONEXISTENT OR UNLOCATABLE - applicant contends agency did not locate all relevant documents - whether agency has taken all reasonable steps to locate documents but the documents cannot be found or do not exist - 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)

This decision is the subject of an appeal to QCAT