H and Legal Aid Office (Queensland)
(1993 S0170, 5 December 1994)
This case also illustrates the application of principles set out in Stewart and Department of Transport (1993) 1 QAR 227. The applicant sought information relating to an assessment of the merits of the legal aid application made by his opponent (the mother of his ex-nuptial son) in a custody and access dispute. Part of the matter in issue comprised information concerning his opponent’s family relationships.
Other matter in issue comprised part of a merit assessment report by a social worker which recorded the social worker’s assessment of the mother’s personality and demeanour, and her ability as a parent. The mother’s residential address was also in issue. The Information Commissioner decided that the matter in issue could only properly be categorised as information concerning the personal affairs of the mother and the Information Commissioner was satisfied that there were no public interest considerations favouring disclosure which outweighed the public interest in non-disclosure inherent in the satisfaction of the test for prima facie exemption under s.44(1).