Section 47(3)(a) Right to Information Act – refusal of access
Section 48 Right to Information Act – exempt information
Schedule 3 section 10(1)(c) Right to Information Act
Schedule 3 section 10(1)(h) Right to Information Act
Section 47(3)(b) Right to Information Act – refusal of access
Section 49 Right to Information Act – contrary to public interest
The access applicant sought access to certain information concerning the profit, taxes and turnover of gaming machines in Queensland hotels, clubs and casinos, including:
…Total combined profit, taxes and turnover in the 2007, 2008 and 2009 calendar years of the top 10 clubs as a group for gaming machine profit and the names and locations in order of profit of those top 10 clubs…
The Department identified one page responsive to this part of the access application and after consulting with relevant parties (including the external review applicant), the Department decided to grant the access applicant full access to the document.
The applicant sought external review of the Department’s disclosure decision. In summary the applicant submitted that the relevant document comprised exempt information, the disclosure of which could reasonably be expected to endanger a person’s life or physical safety or the security of a building, structure or vehicle; and that disclosure of the relevant document would, on balance, be contrary to the public interest.
Whether the relevant document comprises exempt information
The Right to Information Commissioner considered similar information that was publicly available, the age of the information in issue and the existing likelihood of criminal activity at the applicant club. The Right to Information Commissioner was not satisfied that disclosure of the relevant document would result in an increased likelihood of criminal activity which could reasonably be expected to endanger a person’s life or physical safety or the security of a building, structure or vehicle. She was therefore satisfied that the relevant document did not comprise exempt information under sections 47(3)(a), 48, schedule 3 section 10(1)(c) or 10(1)(h) of the RTI Act.
Whether the relevant document comprises information the disclosure of which would, on balance, be contrary to the public interest
The Right to Information Commissioner noted the applicant’s concerns about the purpose of the access application and the use to which the information in issue may be put, should it be disclosed as irrelevant to her consideration of the public interest in disclosure of the relevant document.
In balancing the public interest in disclosure of the relevant information, the Right to Information Commissioner considered that in the circumstances of the review, the public interest in promoting open discussion of public affairs and the accountability of government and contributing to positive and informed debate on important issues or matters of serious interest was of significant importance. The Right to Information Commissioner considered the public interest factors favouring nondisclosure should be afforded little to no weight in the circumstances.
Therefore, the Right to Information Commissioner affirmed the Department’s decision to grant the access applicant full access to the information in issue on the basis that the relevant document did not comprise exempt information under section 47(3)(a) of the RTI Act, and would not, on balance, be contrary to the public interest to be disclosed under section 47(3)(b) of the RTI Act.