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LAWS11317 Administrative Law- Humiliation or Loss of Faith

Task

Access request to documents on how CHO exercises her powers in relation to the declared public health emergency.

Pursuant to Section 11A of the Right to Information Act 2009 (Qld) (‘FOI’), creates a legal right for individuals to access (a) a document of an agency, other than an except document (b) an official document of a Minister other than the exempt document. The FOI Act creates a system of mandatory access as s11 of the act’s heading is “Right to access”

Conditionally exempt documents must be released unless opposing to the public interest, additionally must have regard to any guidelines provided by the Information Commissioner under s93A of the Act.

Apart from the exemption documentation, the government is unable to deny your request. As a result, the government cannot refuse to release material due to humiliation or loss of faith in the government, the risk of misinterpretation or misunderstanding, the author’s degree of seniority, or the risk of superfluous dispute.

Questions

1. Regular reports are provided to the CHO from within the Department of Health, from expert consultants, and from the CHOs of the other States and the Commonwealth.

2. The Qld CHO reports to the Qld Cabinet, either in person orally or by written submissions, the discussion of which is recorded in Cabinet notebooks.

3. The National Cabinet set up to coordinate a national response to COVID-19 receives, in confidence, the results of modelling from various research institutes within Australia.

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