Z98 and Queensland Building and Construction Commission [2025] QICmr 68 (10 October 2025)

Application Number
316690
Applicant
Z98
Respondent
Queensland Building and Construction Commission
Decision Date
Friday, Oct 10, 2025
Catchwords

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - SCOPE OF APPLICATION - IRRELEVANT INFORMATION - whether information falls outside the scope of the application - whether information may be deleted on the basis it is irrelevant - section 73 of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION - REFUSAL OF ACCESS - EXEMPT INFORMATION - PARLIAMENTARY PRIVILEGE - Parliamentary briefing documents and associated correspondence - whether disclosure would infringe the privileges of Parliament - whether exempt information - sections 47(3)(a) and 48 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 - LEGAL PROFESSIONAL PRIVILEGE - communications with agency’s internal legal advisers - whether information would be privileged from production in a legal proceeding on the ground of legal professional privilege - waiver and improper purpose - whether access to information may be refused on the basis that it is exempt - 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 THE PUBLIC INTEREST - accountability, transparency, fair treatment and administration of justice - personal information, privacy, flow of information and business affairs - 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 - NONEXISTENT OR UNLOCATABLE DOCUMENTS - applicant considers particular documents have not been located by agency - whether access to those further documents can be refused on the ground they are nonexistent or unlocatable - sections 47(3)(e) and 52(1) of the Right to Information Act 2009 (Qld)

ADMINISTRATIVE LAW - RIGHT TO INFORMATION -REFUSAL TO FURTHER DEAL WITH ACCESS APPLICATION - EFFECT ON AGENCY’S FUNCTIONS - whether work involved in further dealing with application would, if carried out, substantially and unreasonably divert resources of agency from their use by agency in performing the agency’s functions - section 41 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.