Antony and Griffith University
(2000 S0180, 30 March 2001)
The applicant sought review of the respondent's decision to refuse him access to certain documents relating to a selection process for an academic appointment. The matter in issue comprised the application (consisting of a curriculum vitae, statement addressing the selection criteria, and covering letter) submitted by the successful candidate for the advertised position. The respondent claimed that the matter in issue was exempt under s.46(1)(a) and s.40(c) of the FOI Act.
Applying the principles established in B and Brisbane North Regional Health Authority (1994) 1 QAR 279, the Information Commissioner was not satisfied that the matter in issue was communicated in such circumstances as to fix the respondent with an equitable obligation of confidence in respect of it. The Information Commissioner therefore decided that the matter in issue did not qualify for exemption under s.46(1)(a) of the FOI Act.
With regard to the application of s.40(c) of the FOI Act, the Information Commissioner was not satisfied that disclosure of the matter in issue could reasonably be expected to have a substantial adverse effect on the management or assessment by the respondent of its personnel. Accordingly, the Information Commissioner found that the matter in issue did not qualify for exemption from disclosure under s.40(c) of the FOI Act.