Z83 and Department of Education (Office of Industrial Relations) [2019] QICmr 55 (5 December 2019)

Application Number
314636
Applicant
Z83
Respondent
Department of Education (Office of Industrial Relations)
Decision Date
Thursday, Dec 05, 2019
Catchwords

ADMINISTRATIVE LAW – RIGHT TO INFORMATION – REFUSAL OF ACCESS – EXEMPT INFORMATION – LEGAL PROFESSIONAL PRIVILEGE – information relating to an investigation by Workplace Health and Safety Queensland into an incident of asbestos demolition and disposal – whether information would be privileged from production in a legal proceeding on the ground of legal professional privilege – whether exempt information to which access may be refused – 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 – EXEMPT INFORMATION – PREJUDICE A PERSON’S FAIR TRIAL OR THE IMPARTIAL ADJUDICATION OF A CASE – objection by third party to disclosure of information – third party challenging decision of Workplace Health and Safety Queensland in legal proceedings – whether disclosure could reasonably be expected to prejudice a person’s fair trial or the impartial adjudication of a case – whether exempt information to which access may be refused – sections 47(3)(a) and 48 and schedule 3, section 10(1)(e) of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW – RIGHT TO INFORMATION – REFUSAL OF ACCESS – EXEMPT INFORMATION –INFORMATION GIVEN UNDER COMPULSION UNDER AN ACT THAT ABROGATED PRIVILEGE AGAINST SELF-INCRIMINATION – whether exempt information to which access may be refused – sections 47(3)(a) and 48 and schedule 3, section 10(3) of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW – RIGHT TO INFORMATION – REFUSAL OF ACCESS – CONTRARY TO PUBLIC INTEREST INFORMATION – 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.