Gazaford Pty Ltd and Department of Primary Industries
(2000 S0086, 27 February 2001)
This was a 'reverse FOI' application in which the applicant sought review of the Department's decision to release to the FOI access applicant, documents relating to the Department's regulation of a commercial prawn farm operated by the applicant. The applicant claimed that the documents in issue were exempt from disclosure under s.45(1)(c) of the FOI Act.
Applying the principles stated in Cannon and Australian Quality Egg Farms Limited (1994) 1 QAR 491, the Information Commissioner found that the matter in issue comprised information concerning the business or commercial affairs of the applicant (and/or the previous licence holders of the prawn farm).
However, the Information Commissioner was not satisfied that disclosure of the matter in issue could reasonably be expected to have an adverse effect on the applicant's business or commercial affairs, nor that disclosure could reasonably be expected to prejudice the future supply of like information to government. Accordingly, the Information Commissioner found that the matter in issue did not qualify for exemption under s.45(1)(c) of the FOI Act.