S39 and Queensland Police Service [2023] QICmr 44 (5 September 2023)

Application Number
316784
Applicant
S39
Respondent
Queensland Police Service
Decision Date
Tuesday, Sep 05, 2023
Catchwords

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - APPLICATION OUTSIDE SCOPE OF ACT - where access application requests processing documents - documents of an entity that is not subject to the Act - whether the access application is outside the scope of the RTI Act - sections 17 and 32(1)(b)(ii) and schedule 2, part 2, item 7 of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL TO DEAL - EXEMPT INFORMATION - LAW ENFORCEMENT OR PUBLIC SAFETY INFORMATION - where access application requests access to categories of exempt information - whether an agency may refuse to deal with application - sections 40 and 48 and schedule 3, section 10(1)(f) of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - CONTRARY TO THE PUBLIC INTEREST INFORMATION - where information include personal information of other individuals - personal information and privacy - 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)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - DOCUMENTS NONEXISTENT OR UNLOCATABLE - SUFFICIENCY OF SEARCH - whether agency has taken all reasonable steps to locate requested documents - whether access to further documents may be refused on the basis that they are nonexistent or unlocatable - sections 47(3)(e) and 52(1) 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.