Key published decisions applying section 68(4)(c) RTI Act

Helping Hands Pty Ltd and Department of Education, Training and
Employment (Unreported, Queensland Information Commissioner, 30 October
2012)

In this case, the RTI Commissioner considered a submission that providing a copy of a procedures manual developed by the review applicant to an RTI access applicant would infringe the review applicant’s copyright.  Having examined relevant provisions of the Copyright Act 1968 (Cth), the RTI Commissioner was satisfied access by way of provision of a copy would infringe the applicant’s copyright.  The RTI Commissioner therefore considered access in the form requested by the access applicant should be refused under section 68(4) of the RTI Act, and given instead by way of reasonable opportunity to inspect. [81-88]