Key published decisions applying Section 42(1)(j) FOI Act
The original applicant sought access to information relating to the dogs kept at a third party’s address. The Fraser Coast Regional Council (Council) provided access to the relevant matter, subject to the deletion of personal information.
On external review, the third party asserted that additional matter was exempt under a number of FOI provisions including section 42(1)(j), on the basis that disclosure could reasonably be expected to prejudice the wellbeing of a cultural and natural resource or the habitat of animals or plants. Specifically, the relevant matter included the colour, breed, age, sex and desexed status of the dogs as well as a comment about the dogs.
The Information Commissioner was satisfied that some of the relevant matter had already been released and that some of the relevant matter was capable of being observed by any member of the public. 
Accordingly, the relevant matter was not exempt under section 42(1)(j) of the FOI Act.
Last updated: March 1, 2012