O’Connor v Department of Child Safety, Seniors and Disability Services

Case

[2024] QCATA 34

27 March 2024


Details
AGLC Case Decision Date
O’Connor v Department of Child Safety, Seniors and Disability Services [2024] QCATA 34 [2024] QCATA 34 27 March 2024

CaseChat Overview and Summary

O'Connor appealed against a decision of the Information Commissioner, who declined to order the Department of Child Safety, Seniors and Disability Services to release certain information to the appellant under the Information Act 2009 (Qld). The appeal was heard by the Queensland Civil and Administrative Tribunal, which found that the appeal was limited to questions of law, and no question of law had been identified by the appellant. The appellant sought orders that the Department release the information to them, and sought to have the Information Commissioner's decision quashed. The Tribunal found that the appeal was limited to questions of law, and no question of law had been identified by the appellant. The Tribunal also found that the orders sought were not within the power of the Tribunal. The appeal was dismissed, and the decision of the Information Commissioner was confirmed. The respondent was given the option to apply for an order for costs of the appeal, and the appellant was given the opportunity to respond if such an application was made. If submissions as to costs were filed, the question of costs would be decided by the Appeal Tribunal without an oral hearing. Liberty to apply as to costs was also granted.
Details

Areas of Law

  • Administrative Law

Legal Concepts

  • Appeal

  • Jurisdiction

  • Costs