GHX and Department of Communities

Application number:
210166
Decision date:
Friday, Jun 29, 2007

GHX and Department of Communities
 (210166, 29 June 2007) 

Section 35B Fees and charges for access to documents not concerning personal affairs   

The applicant sought access to documents in a number of specific files held by the Department of Communities including documents concerning a Prohibition Notice issued to the applicant under the Child Care Act 2002 (Qld).  The applicant objected to the Preliminary Assessment Notice issued by the Department of Communities in response to his FOI application on the basis that the documents concerned the applicant’s personal affairs. 

First Assistant Commissioner Rangihaeata applied the principles in Stewart and Department of Transport (1993) 1 QAR 227, Fox and the Queensland Police Service (2001) 6 QAR 1 and NHL and the University of Queensland (1997) 3 QAR 436 and found that: 

·       where the documents responsive to the applicant’s FOI application contain information concerning unproven allegations of wrongdoing, such information is properly characterised as the applicant’s personal affairs

·       where the documents responsive to the applicant’s FOI application contain information concerning alleged sexual conduct by the applicant, such information is properly characterised as the applicant’s personal affairs, notwithstanding that the alleged conduct is said to have occurred in a workplace context 

·       where the agency’s policy documents are attached to a document containing information that concerns the applicant’s personal affairs, the attachments are also properly characterised as concerning the applicant’s personal affairs

·       with respect to the applicant’s personnel file, information contained in documents relating to the applicant’s: 

o         engagement to positions, positions held and work performance do not pertain to the applicant’s personal affairs

o         sick leave, annual leave, reasons for requesting any transfer, personal superannuation contributions, health, home address, home telephone number, personal mobile number, marital status, family relationships and date and place of birth constitute the applicant’s personal affairs 

·       the Department of Communities should reduce the processing and access charges for the Preliminary Assessment Notice in accordance with the above.