Application of Section 47(1)(a) FOI Act

Relevant considerations

1. Is there an expectation of a substantial adverse effect on the ability of government to manage the economy of the State?

a) Substantial adverse effect

The Information Commissioner considered the word ‘substantial’ in the phrase ‘substantial adverse effect’ means the intended the adverse effect must be ‘grave, weighty, significant or serious’.¹

b) The ability of government to manage the economy of the State

‘State’ is defined in section 36 of the Acts Interpretation Act 1954 (Qld) as ‘a State of the Commonwealth, and includes the Australian Capital Territory and the Northern Territory’.

It has been found that disclosing information that reveals the State’s negotiating position will not necessarily affect the ability of government to manage the economy of the State because the State is not bound to agree or accept a third party’s negotiating terms and may still either accept or reject proposals.²

The Information Commissioner considered disclosing the dollar amount awarded to a grant applicant may allow subsequent applicants to frame their applications in terms of a greater amount, however, the State would not be bound to grant such an application. Accordingly, disclosing the dollar amount awarded to a previous grant applicant could not reasonably be expected to adversely affect the ability of the government to manage the economy of the state.³

Nor could disclosing information available in the public domain be reasonably be expected to have a substantial adverse effect on the ability of the government to manage the economy of the State under section 47(1)(a) of the FOI Act.⁴

2. Is the expectation reasonably based?

The expectation of a substantial adverse effect on the ability of government to manage the economy of the State must be reasonably based.

See ‘Could reasonably be expected to’ Annotation.

3. Would disclosure, on balance, be in the public interest?

Even if disclosing the relevant matter could reasonably be expected to have a substantial adverse effect on the ability of government to manage the economy of the State, matter will not be exempt where disclosure is in the public interest.

¹Re Cairns Port Authority and Department of Lands (1994) 1 QAR 663 at paragraph150.  
²Seeney, MP and Department of State Development; Berri Limited (Third Party) (2004) 6 QAR 354 at paragraph 110.
³Seeney, MP and Department of State Development; Berri Limited (Third Party) (2004) 6 QAR 354 at paragraph 110.
⁴Seeney, MP and Department of State Development; Berri Limited (Third Party) (2004) 6 QAR 354 at paragraph 25.