Department of Agriculture, Fisheries and Forestry (Commonwealth) and Environmental Protection Agency; Australian Banana Growers' Council Inc. (Third Party)

Application number:
2003 F0716
Decision date:
Friday, Jan 27, 2006

Department of Agriculture, Fisheries and Forestry (Commonwealth) and Environmental Protection Agency; Australian Banana Growers' Council Inc. (Third Party)
 (2003 F0716, 27 January 2006)

Contractual obligation of confidence – application of s.46(1)

The applicant had objected to the EPA's decision to disclose the matter in issue to the third party.  That matter comprised documents provided by the applicant to the EPA, concerning the importation of fresh bananas from the Philippines, which had been communicated to the EPA under a Consultancy Agreement between the EPA and the Commonwealth. 

The Agreement included certain obligations in respect of confidential information, and Assistant Commissioner Barker was satisfied that the matter in issue was "confidential information" as defined by the Agreement.  The third party contended that the obligation of confidentiality was overridden by the public interest exception recognised in Australian law. 

AC Barker found, however, that there was not sufficient justification to apply the public interest exception in view of the likely adverse consequences of a breach of confidentiality by the EPA, and set aside the EPA's decision to disclose that matter.  AC Barker found that the matter in issue was exempt from disclosure under s.46(1)(a) and s.46(1)(b) of the FOI Act.