Buckley and Ergon Energy
(210501, 11 March 2009)
Section 11A Application of Act to GOCs
The applicant sought access to a report prepared for Ergon Energy by an external consultant who investigated an electrical incident. Ergon Energy had refused access to the report on the basis that it was exempt from disclosure under section 43(1) of the Freedom of Information Act 1992 (FOI Act).
Applying the principles established in previous decisions of this Office, including Walsh (as agent for Queensland Newspapers Pty Ltd) and Ergon Energy Corporation Limited (2004) 6 QAR 419, Assistant Commissioner Henry found that the report had been received, or brought into existence, in carrying out a commercial activity. Accordingly, Assistant Commissioner Henry determined that due to the combined effect of section 11A of the FOI Act and section 256 of the Electricity Act 1994, she did not have jurisdiction to review the decision of Ergon Energy to refuse access to the report.