Gist and Department of Transport

Application number:
1996 S0126
Decision date:
Friday, Feb 14, 1997

Gist and Department of Transport
(1996 S0126, 14 February 1997) 

In this 'reverse FOI' case, applying the principles set out in Cannon and Australian Quality Egg Farms Limited (1994) 1 QAR 491, the Information Commissioner rejected claims by the applicant that information concerning his company's successful tender for a taxi licence was exempt under s.45(1)(b) or s.45(1)(c). 

As the tender process had been finalised and the applicant's tender was successful, the Information Commissioner was unable to see any possibility that release of information as to the tender amount could either destroy or diminish the commercial value of that information, or have an adverse effect on the applicant's business or commercial affairs. 

The tender price in this case was specific to the tender and would have no bearing on future tenders. In addition, the Information Commissioner accepted that there is a public interest in disclosing tender amounts of successful tenders, to the public, to encourage competitiveness, and to ensure the efficient supply of products and services to government agencies.