Barker and World Firefighters Games, Brisbane, 2002
(2000 S0307, 27 September 2001)
The respondent contended that it was not an agency subject to the application of the FOI Act and that it therefore was not obliged to process the applicant's FOI access application.
The Information Commissioner reviewed the documentation and circumstances surrounding the establishment of the respondent and decided that it was an agency subject to the application of the FOI Act because it was a body that was established by government for a public purpose under an enactment, within the terms of s.9(1)(a)(ii) of the FOI Act.
The Information Commissioner further decided that the applicant had made a valid application for access to documents under s.25 of the FOI Act and that the respondent thereby came under a legal obligation, imposed by s.27(2) of the FOI Act, to consider the application and to make one or more of the decisions referred to in s.27(2) of the FOI Act.