Parsons and Department of Police
(210003, 18 October 2010)
Section 42(3A) Information for investigation by a prescribed crime body
The applicant applied for five different categories of documents. The information remaining in issue at the completion of the informal resolution stage of the external review, comprised transcripts of interviews with police officers and summaries of those transcripts in a Department of Police (otherwise known as Queensland Police Service – QPS) Ethical Standards Command investigation report.
Assistant Commissioner Henry was satisfied that there was sufficient evidence to establish that:
- in accordance with the Crime and Misconduct Act 2001 (Qld) (CM Act), QPS notified the Crime and Misconduct Commission (CMC) about the incident that resulted in the report, and the CMC referred the matter back to QPS to investigate
- the relevant information was obtained, used or prepared for an investigation by QPS’s Ethical Standards Command in the performance of the CMC’s misconduct function.
On this basis, Assistant Commissioner Henry determined that the information remaining in issue was exempt from disclosure under section 42(3A) of the Freedom of Information Act 1992 (Qld) and the section 42(3B) exception was not relevant in the circumstances. Accordingly, the applicant was refused access to the information.
