Sheehan and Department of Police

Sheehan and Department of Police
(210589, 210669, 28 January 2009)

Section 28A (1) Sufficiency of search

In these reviews, the applicant sought access under the Freedom of Information Act 1992 (Qld) (FOI Act) to documents relating to a complaint of official misconduct made by the applicant about two Police Officers.

In accordance with the principles set out in Shepherd and Department of Housing, Local Government and Planning (1994) 1 QAR 464 at paragraphs 18 and 19, Assistant Commissioner Henry decided that:

·          there were no reasonable grounds to believe that further documents exist that respond to the applicant’s FOI Applications

·          the searches conducted by the Department of Police were reasonable in the circumstances and

·          section 28A(1) of the FOI Act applies in relation to the applicant’s FOI Applications on the basis that the documents sought do not exist.