Relevant decisions from other jurisdictions

Re Jones and Shire of Swan [1994] WAICmr 6

This decision considered the application of the equivalent exemption under Western Australian legislation. Schedule 1, clause 10(1) of the Freedom of Information Act 1992 (WA) states that ‘matter is exempt if its disclosure could reasonably be expected to have a substantial adverse effect on the financial or property affairs of the State’, subject to public interest considerations.

Council submitted that disclosing valuation reports could reasonably be expected to prejudice Council’s negotiations for the acquisition of land. The Western Australian Information Commissioner was satisfied that prejudice to Council’s ability to negotiate was not a ‘substantial’ adverse effect on Council’s financial or property interests. Accordingly, the relevant matter was not exempt under the equivalent provision.

Last updated: March 5, 2012