V12 and Gold Coast Hospital and Health Service [2019] QICmr 57 (10 December 2019)

Application Number
314462 and 314616
Applicant
V12
Respondent
Gold Coast Hospital and Health Service
Decision Date
Monday, Dec 09, 2019
Catchwords
ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - UNLOCATABLE AND NONEXISTENT DOCUMENTS - applicant contends additional documents exist - whether agency has taken all reasonable steps to locate documents but the documents cannot be found or do not exist - sections 47(3)(e) and 52 of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - EXEMPT INFORMATION - legal professional privilege - communications between agency staff and legal advisers - whether the information would be privileged from production in a legal proceeding on the ground of legal professional privilege - whether the improper purpose exception to legal professional privilege is enlivened - sections 47(3)(a) and 48 and schedule 3, section 7 of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - CONTRARY TO PUBLIC INTEREST - documents relating to the applicant and their interactions with the agency - personal information and privacy - agency’s management functions - 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.

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