East and Environmental Protection Agency

Application number:
1998 S0085
Decision date:
Friday, Jun 15, 2001

East and Environmental Protection Agency
(1998 S0085, 15 June 2001) 

The applicant was a former employee of the EPA who applied for access to documents relating to a grievance investigation in which he was involved.  The EPA claimed that the documents in issue were exempt under s.40(c) and s.46(1)(b) of the FOI Act. 

The Information Commissioner decided that none of the matter in issue was communicated in confidence and therefore did not qualify for exemption under s.46(1)(b) of the FOI Act.  Nor was the Information Commissioenr satisfied that disclosure of the matter in issue could reasonably be expected to have a substantial adverse effect on the management or assessment by the respondent of its personnel, such as to qualify for exemption under s.40(c) of the FOI Act. 

The Information Commissioner also made the observation that the EPA was obliged to allow the applicant to inspect the matter in issue under s.16 of the Public Service Regulation 1997 Qld.