Lawrence v Queensland Police Service [2022] QCATA 134

Date: 26 September 2022
Tribunal: Queensland Civil and Administrative Tribunal
Member: Judicial Member D J McGill SC
Human Rights Act 2019 (Qld) Sections: 21, 25
Rights Considered: Right to freedom of expression, Right to Privacy
Other Legislation: Information Privacy Act 2009 (Qld) ss 12, 40, 67, 88; Right to Information Act 2009 (QLD) s 49, Sch 4 Pt 2 Item 5.
Keywords: Public Law Considerations: Judicial Review, Interpretation.

This matter concerns an appeal from a decision of the Office of the Information Commissioner (“the OIC”) to withhold certain documents in response to an application for release under the Information Privacy Act 2009 (Qld). The tribunal confirmed the plaintiff’s right to appeal to the Appeal Tribunal under s 132 of the Act, and that such a review will be confined to questions of law, and is in this regard, similar to a judicial review. The Tribunal confirmed the original decision and stated that the original decision had regard to section 21 Human Rights Act 2019 (Qld), and that no error of law was made. The Tribunal also considered a person’s right to privacy, section 25 Human Rights Act 2019 (Qld), as being a factor favouring non-disclosure.

The appeal was dismissed.

Visit the judgment: Lawrence v Queensland Police Service [2022] QCATA 134