Key published decisions applying Section 29(4) FOI Act
The applicants sought access to documents concerning Ms Sheridan's dismissal from her employment with South Burnett Regional Council (Council). The Council refused to deal with the application under section 29(4) of the FOI Act on the basis that the application was expressed to relate to a class of documents that would be exempt under section 42 of the FOI Act.
What are the terms of the access application?
The Information Commissioner was satisfied the terms of the access application application were expressed in the manner described in section 29(4)(a) of the FOI Act; the application was expressed to relate to all documents concerning a stated subject matter.
Does the agency or Minister consider all relevant documents are exempt?
The Council considered all of the documents relevant to the access application were exempt under section 42 of the FOI Act; disclosing the documents could reasonably be expected to result in a person being subjected to a serious act of harassment or intimidation. The Commissioner considered the facts surrounding the application at length and found this exemption was satisfied.
Accordingly, the Information Commissioner was satisfied Council was entitled to refuse to deal with the application under section 29(4) of the FOI Act.
Last updated: March 5, 2012