Flexihire Pty Ltd and Department of Main Roads

Application number:
2000 S0075
Decision date:
Friday, Jun 15, 2001

Flexihire Pty Ltd and Department of Main Roads
(2000 S0075, 15 June 2001) 

The applicant had applied for access to parts of the revenue and expense reports for the individual trading locations of a business unit of the Department (with which the applicant was in competition).  During the course of the review, the applicant was given access to information which disclosed the overall financial positions for the individual trading locations (but which did not identify their particular geographical location). 

The Department contended that the matter remaining in issue was exempt from disclosure to the applicant under s.45(1)(c) of the FOI Act.  The Information Commissioner decided that those parts of the reports which identified the particular geographical trading locations (and which would enable the applicant to link the trading results to a particular trading location) were exempt from disclosure under s.45(1)(c) of the FOI Act. 

The Information Commissioner was not satisfied, however, that disclosure of the figures for the revenue and expense totals for the particular trading locations (without knowledge of the relevant geographical trading location) could reasonably be expected to have an adverse effect on the business, commercial or financial affairs of the business unit, and accordingly, the Information Commissioner decided that those figures did not qualify for exemption from disclosure to the applicant.