Bruce and Department of Natural Resources and Water

Application number:
2006 F0159
Decision date:
Monday, Apr 30, 2007

Bruce and Department of Natural Resources and Water
(2006 FO159, 30 April 2007) 

Section 42(1)(b) – Identity of complainant – section 44(1) – Personal affairs 

The applicant sought access to letters written to the Department of Natural Resources and Water (DNRW) regarding farm management practices on his property.  The applicant named the author of the documents in his FOI application.  Assistant Commissioner Henry (AC) decided that the matter in issue did not qualify for exemption under section 42(1)(b) of the Freedom of Information Act 1992 (Qld) (FOI Act) because although there may have been a common implicit understanding that the complainant was a confidential source of information when he initially complained to the DNRW, his subsequent conduct was inconsistent with this understanding. 

AC Henry also decided that the matter in issue did not qualify for exemption pursuant to section 44(1) of the FOI Act, as on balance, the public interest considerations in favour of disclosure (including the applicant’s current appeal proceedings in the Planning and Environment Court) outweighed those against disclosure.