DSH and Queensland Treasury
(2000 S0240, 30 June 2003)
DSH and Queensland Treasury
(2000 S0241, 30 June 2003)
The matter in issue comprised various referee reports provided to the respondent by employees of the respondent, in respect of successful 'internal' job candidates. The applicant was an unsuccessful candidate in each of the relevant job selection processes.
Applying the principles established in Pemberton and University of Queensland (1994) 2 QAR 293, the Assistant Information Commissioner found that disclosure of the referee reports in issue, to persons other than the subject of the report and the decision-makers in the relevant selection process, could reasonably be expected to inhibit a substantial number of supervisors from recording adverse comment in their referee reports, and that the provision of bland, tempered referee reports to selection panels would prejudice the panels' ability to fully and effectively assess the relevant candidates' abilities and suitability for appointment.
That, in turn, could reasonably be expected to have a substantial adverse effect on the management or assessment by the respondent of its personnel. While recognising that the applicant, as an unsuccessful candidate in the relevant job selection processes, had an interest in the matter in issue which was greater than that of any member of the general public, the Assistant Information Commissioner was satisfied that disclosure of the referee reports to the applicant would not, on balance, be in the public interest, and that they therefore comprised exempt matter under s.40(c) of the FOI Act.
