Relevant decisions from other jurisdictions

McKenzie v Department of Social Security (1986) 65 ALR 645

The Federal Court considered whether a false allegation that a woman receiving a deserted wives' pension was married, constituted ‘information’ for the purposes of section 37(1)(b) of the Freedom of Information Act 1982 (Cth) (the Commonwealth equivalent of section 42(1)(b) of the FOI Act). [649]

False or malicious information

Deliberately false information, albeit malicious, is correctly labeled 'information'. This applies when, at the time of receipt, the agency does not know whether it is true or false.26 It continues to be 'information' when the agency concludes that the matter has no truth or validity. [7]

Accordingly, the relevant matter was exempt from disclosure.

26Sinclair and Department of Social Security (1985) 8 ALN N127.

Last updated: March 5, 2012