1. Is there a reasonable expectation that disclosing the matter could have a substantial adverse effect on the agency's management or assessment of its staff?
a) Management or assessment
The 'management or assessment by an agency of the agency's personnel' may include:
b) Substantial adverse effect
To satisfy this exemption, any adverse effect must be 'substantial', ie 'grave, weighty, significant or serious'.4 For example, there may be a 'substantial adverse effect' where disclosure would result in:
c) Is the expectation reasonable?
See 'Could reasonably be expected to' Annotation.
2. Would disclosure, on balance, be in the public interest?
In applying section 40(c) of the FOI Act, the following public interest factors favouring disclosure may be relevant:
1Claes and Queensland Rail (Unreported, Queensland Information Commissioner, 4 September 1998) at paragraph 21.
2Claes and Queensland Rail (Unreported, Queensland Information Commissioner, 4 September 1998) at paragraph 22.
3WLS and Queensland Rail (Unreported, Queensland Information Commissioner, 31 October 2002) at paragraph 18.
4Cairns Port Authority and Department of Lands (1994) 1 QAR 663 at paragraphs 148-150.
5Pemberton and the University of Queensland (1994) 2 QAR 298.
Last updated: March 5, 2012