Application of Section 27(3) and (4) FOI Act

Relevant considerations

1. Is it reasonable to consider that the deleted matter is not relevant to the terms of the application?

The ordinary meaning of 'relevant' applies.¹ In considering whether information is relevant to an access application, the Information Commissioner has noted that the relationship between the information and the terms of the application does not have to be direct. However, the information must have a bearing upon or be pertinent to the terms of the application.²

2. Would the applicant accept a copy of the document with irrelevant matter deleted?

This issue must be determined by the agency or Minister, according to the relevant circumstances. It has previously been considered reasonable for the agency to consider that the applicant would accept a copy of the requested document, with irrelevant matter deleted, notwithstanding that there was no consultation on the issue.³

3. Is it reasonably practicable to give access to a copy of the document with irrelevant matter deleted?

This is a practical consideration for the agency or Minister to objectively determine.

¹ O80PCE and Department of Education and Training (Unreported, Queensland Information Commissioner, 15 February 2010) at paragraph 50.
² O80PCE and Department of Education and Training (Unreported, Queensland Information Commissioner, 15 February 2010) at paragraph 52.
³ O80PCE and Department of Education and Training (Unreported, Queensland Information Commissioner, 15 February 2010) at paragraph 57.