GSA Industries (Aust) Pty Ltd and Brisbane City Council; GS Technology Pty Ltd (Third Party)

Application number:
1994 L0009
Decision date:
Wednesday, Sep 30, 1998

GSA Industries (Aust) Pty Ltd and Brisbane City Council; GS Technology Pty Ltd (Third Party)
(1994 L0009, 30 September 1998) 

The case involved the application of s.45(1)(c) of the FOI Act and the principles discussed in Cannon and Australian Quality Egg Farms Ltd (1994) 1 QAR 491 to the tender (and tender-related information) submitted to the Council by the third party for the supply to the Council of water meters. 

The Information Commissioner found that the bulk of the matter in issue was exempt under s.45(1)(c).  The Information Commissioner was satisfied that its disclosure to a competitor of the third party could reasonably be expected to have an adverse effect on the third party's business, commercial or financial affairs.  The Information Commissioner did not consider that disclosure of the matter in issue would assist in scrutinising the fairness or propriety of the Council's tender processes, and the Information Commissioner was not satisfied that its disclosure would, on balance, be in the public interest.