Bakharia and Department of Education

Application number:
1996 S0109
Decision date:
Wednesday, Jun 25, 1997

Bakharia and Department of Education
(1996 S0109; 25 July 1997) 

This was a 'reverse FOI' application by Mr Bakharia, who objected to the disclosure to the access applicant of documents relating to his employment with the Department. 

The case concerned the application of s.44(1) of the FOI Act to the documents in issue, which included documents sourced from the applicant's personnel file.  The Information Commissioner found that some information contained in seven of the folios in issue, which concerned Mr Bakharia's net salary and deductions, was exempt matter under s.44(1) of the FOI Act. 

However, the Information Commissioner found that the Department was correct in holding that the balance of the matter in issue did not qualify for exemption under s.44(1) of the FOI Act (principally on the basis that it merely concerned the performance by a public servant of his employment duties).