Dalrymple Shire Council and Department of Main Roads
(1996 S0038, 28 September 1998)
The matter in issue in this review comprised unit rates, and lump sum amounts, in a lengthy schedule of items in a tender submitted to the Department by a successful 'in-house' bidder (i.e., Road Transport Construction Services (RTCS) - the Department's commercial arm) for road construction works. The Department claimed that the matter in issue was exempt under s.45(1)(b) or s.45(1)(c) of the FOI Act.
The Information Commissioner decided that the matter in issue did not have a current commercial value and therefore was not exempt from disclosure under s.45(1)(b) of the FOI Act. In respect of the application of s.45(1)(c), the Information Commissioner decided that all of the matter in issue concerned the business affairs of RTCS, but that only disclosure of the unit rates could reasonably be expected to have an adverse effect on RTCS's business affairs, and hence only the unit rates could qualify for exemption under s.45(1)(c) of the FOI Act. The Information Commissioner was not satisfied that disclosure of the quoted prices for lump sum items in the schedules to RTCS's tender, could reasonably be expected to impose any competitive disadvantage on RTCS in future tenders for the award of roadworks construction contracts.
As to the public interest balancing test contained in s.45(1)(c), the Information Commissioner discussed the concerns raised by the applicant regarding compliance with National Competition Policy Principles, and the need to create a 'level playing field' as between 'in-house' bidders and other potential contractors. The Information Commissioner also discussed the accountability of the Department in respect of the awarding of the particular contract in question. However, the Information Commissioner was not satisfied that the concerns raised by the applicant necessitated the disclosure of the unit rates. The Information Commissioner decided that the public interest considerations favouring disclosure were not sufficiently strong to warrant a finding that disclosure of the unit rate prices would, on balance, be in the public interest. The Information Commissioner therefore found that the unit rate prices were exempt matter under s.45(1)(c) of the FOI Act.
