Basil Bay Residents Association and Department of Natural Resources and Water; Keswick Island Pty Ltd

Basil Bay Residents Association and Department of Natural Resources and Water and Keswick Island Pty Ltd
(210072, 29 October 2007)

Section 45(1)(c) – business, commercial or financial affairs

The applicant sought access to documents held by the Department of Natural Resources and Water (Department) concerning amendments made to the development conditions in a lease between the State of Queensland and the third party, Keswick Island Pty Ltd (KIPL).  The Department granted the applicant full access to certain documents but refused access to whole and part documents pursuant to section 45(1)(c) of the Freedom of Information Act 1992 (Qld) (FOI Act).  The Department found that:

·       the matter in issue concerned the business, commercial or financial affairs of KIPL

·       disclosure could reasonably be expected to have an adverse effect on those affairs in terms of competitive harm to KIPL

·       disclosure would not, on balance, be in the public interest.

On external review, Assistant Commissioner (AC) Henry found that the majority of the matter remaining in issue qualified for exemption under section 45(1)(c) of the FOI Act for the above reasons.  With respect to a small amount of matter, AC Henry found that it did not qualify for exemption under section 45(1)(c) of the FOI Act because its disclosure could not reasonably be expected to have an adverse effect on those affairs or to prejudice the future supply of that information to government.

Section 46(1)(a) – matter communicated in confidence

The Department also claimed that the matter in issue in this review qualified for exemption under section 46(1)(a) of the FOI Act.  On external review, AC Henry found that none of the matter in issue in this review qualified for exemption under section 46(1)(a) of the FOI Act because it had not been communicated in such circumstances as to fix the Department with an equitable obligation of conscience.