Darlington v Office of the Information Commissioner & Queensland Police Service

In the matter of Darlington v Office of the Information Commissioner & Queensland Police Service, the appellants filed an access application seeking certain documents held by the Queensland Police Service (QPS). Upon refusal of their application, the appellants pursued an internal review, which was subsequently upheld by the Office of the Information Commissioner (OIC). The appellants then appealed the decision to the Appeal Tribunal, arguing that the OIC erred in not applying an exception to the exemption that applied to documents used in a finalised investigation "about" them. The Tribunal was tasked with determining whether the appellants had established justiciable questions of law warranting appeal.

The central issue before the Tribunal was whether the appellants had established justiciable questions of law in their appeal. Specifically, the Tribunal had to consider whether the exception to the exemption applied to the documents in question, which were produced during an investigation initiated by the appellants themselves. The Tribunal's role was limited to reviewing questions of law, and it did not have the authority to substitute its own judgment for that of the OIC on matters of fact or policy.

The Tribunal found that the appellants had not established any justiciable questions of law. It held that the exception to the exemption did not apply because the investigation was not finalised at the time the documents were produced. Furthermore, the Tribunal determined that the appellants, as the complainants, did not fall within the scope of the exception. The Tribunal dismissed the appeal, affirming the decision of the OIC not to release the documents.

The Tribunal dismissed the appeal and upheld the decision of the OIC. No further appeal lies to the Supreme Court of Queensland on questions of law.