Key published decisions applying Section 42(2) FOI Act
The Acting Assistant Information Commissioner was satisfied that section 42(1)(h) of the FOI Act applied to the relevant matter. See Section 42(1)(h) FOI Act Annotation.
The applicant submitted that disclosing the matter would, on balance, be in the public interest. However the Acting Assistant Information Commissioner noted that the public interest in disclosure is not relevant to the exemption contained in section 42(1)(h) of the FOI Act. Section 42(2) of the FOI Act requires an examination of public interest in disclosure only if the relevant documents consist of the type of matter listed in section 42(2)(a) of the FOI Act. Here, section 42(2) did not apply because the documents did not consist of the type of matter listed in section 42(2)(a) of the FOI Act. 
Last updated: April 27, 2012