Lindeberg and Department of Treaty, Aboriginal and Torres Strait Islander Partnerships, Communities and the Arts [2023] QICmr 34 (30 June 2023)

Application Number
316080
Applicant
Lindeberg
Respondent
Department of Treaty, Aboriginal and Torres Strait Islander Partnerships, Communities and the Arts
Decision Date
Friday, Jun 30, 2023
Catchwords

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - SCOPE OF APPLICATION - briefing documents and emails - related and supporting earlier documents - construction of terms and scope of access application under section 24 of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - NONEXISTENT OR UNLOCATABLE DOCUMENTS - whether agency has taken all reasonable steps to locate documents - whether access to further documents may be refused on the basis that they do not exist or are unlocatable - sections 47(3)(e) and 52(1) of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - ONUS ON EXTERNAL REVIEW - whether agency has established that Information Commissioner should give decision adverse to applicant - section 87(1) of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - EXEMPT INFORMATION - briefing document - whether information is Cabinet matter brought into existence before commencement of the Right to Information Act 2009 (Qld) - section 47(3)(a) and schedule 3, section 1 of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - EXEMPT INFORMATION - briefing documents - whether disclosure of information would infringe the privileges of Parliament - section 47(3)(a) and schedule 3, section 6(c)(i) of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - EXEMPT INFORMATION - briefing documents - whether information is exempt due to legal Lindeberg and Department of Treaty, Aboriginal and Torres Strait Islander Partnerships, Communities and the Arts [2023] QICmr 34 (30 June 2023) - Page 2 of 29 RTIDEC professional privilege - section 47(3)(a) and schedule 3, section 7 of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - CONTRARY TO THE PUBLIC INTEREST INFORMATION - briefing documents and emails - 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)

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.