Bowles and Department of Families, Youth and Community Care

Application number:
1997 S0077
Decision date:
Thursday, Nov 20, 1997

Bowles and Department of Families, Youth and Community Care
(1997 S0077, 20 November 1997) 

The applicant sought access to a letter from a third party to the Chairperson of the Intellectually Disabled Citizens' Council of Queensland (the Council), which the applicant believed might explain, or assist him to understand, why he had not been re-appointed as a member of the Council. 

The letter had been communicated from the third party to the Chairperson of the Council on the basis of an express mutual understanding that it would be treated in confidence.  The Information Commissioner was not satisfied that the contents of the letter had played any part in the decision not to re-appoint the applicant to the Council, and the Information Commissioner could see no basis on which equity would not enforce the promise of confidential treatment made to the third party (see Coventry and Cairns City Council (1996) 3 QAR 191). 

The Information Commissioner found that the letter in issue was exempt matter under s.46(1)(a) of the FOI Act.  The Information Commissioner also dealt with a 'sufficiency of search' issue raised by the applicant, finding that there were no reasonable grounds to believe that there were any further documents in the possession or control of the respondent or the Council which fell within the terms of the applicant's FOI access application.