CHY and Department of Families

CHY and Department of Families
(2000 S0054, 1 February 2001) 

The applicant sought review of the respondent's deemed refusal of access to documents concerning his deceased wife, his two children and his three step-children. 

The respondent objected to the release of the matter in issue on the basis that it comprised exempt matter under s.42(1)(b), s.42(1)(e), s.42(1)(h), s.44(1) or s.46(1)(b) of the FOI Act.  The Information Commissioner found that the bulk of the matter in issue comprised information concerning the personal affairs of persons other than the applicant and that there were no public interest considerations favouring disclosure to the applicant that outweighed the public interest in preserving the privacy interests of third persons. 

The Information Commissioner therefore found that that matter was exempt from disclosure under s.44(1) of the FOI Act.  The Information Commissioner also decided that some matter in issue was exempt from disclosure under s.42(1)(b), s.42(1)(e) and s.46(1)(b) of the FOI Act.