AIOI Insurance Co Limited and Department of Environment and Resource Management; Ensham Resources Pty Ltd (Third party) (210716)
Ensham Resources Pty Ltd (Ensham) was consulted by the Office of the Information Commissioner in relation to the possible release of three documents to which the applicant, AIOI Insurance Co Limited (AIOI), sought access.
Ensham advised that it objected to the release of the documents and relied on its submissions made in a related external review (external review 210706).
Assistant Commissioner Henry referred to the relevant law and submissions made by Ensham as were set out and addressed in detail in the decision in external review 210706. In relation to the application of section 45(1)(c) and 46(1)(a) of the Freedom of Information Act 1992 (Qld) (FOI Act) to the three documents in this review, Assistant Commissioner Henry decided that:
· as Ensham had made similar information publicly available, the information was neither commercially sensitive nor confidential to Ensham and its disclosure would not have an adverse effect
· some of the information was very general information and was not specific to Ensham or its operations
· the documents did not qualify for exemption from disclosure under sections 45(1)(c) or 46(1) of the FOI Act.