Hawkswood and Department of Health
(210656, 30 March 2009)
Section 45(1)(c)- matter concerning the business, professional, commercial or financial affairs of the agency- draft deed of agreement
The applicant sought access from the Department of Health (Department) to an agreement relating to the construction of the Hancock Street car park (FOI Application).
In response to the FOI Application, the Department located a draft deed of agreement (Deed). In refusing the applicant access to the Deed, the Department claimed that the Deed qualified for exemption from disclosure under section 45(1)(c) of the Freedom of Information Act 1992 (Qld) (FOI Act).
During the course of the external review, the applicant disputed that disclosure of the Deed would have any or only a minimal adverse effect on the business, professional, commercial or financial affairs of the Department because none of the parties to the Deed had car parking operations as their core business and only a small percentage of the Department’s budget would be adversely affected.
In addressing the applicant’s submissions, Assistant Commissioner Henry found that disclosure of the Deed could reasonably be expected to adversely effect the business, professional, commercial and/or financial affairs of the Department because the Deed:
· is a working document which does not reflect the final negotiated position of the Department with Mater Health Services and St Laurence’s College
· may, when compared with the finalised agreement, disclose the respective negotiating positions of the Department with Mater Health Services and St Laurence’s College to its competitors and could prejudice the Department’s ability to negotiate favourably with other entities in the future.
In affirming the decision under review, Assistant Commissioner Henry decided that:
· although the applicant’s justifiable need to know information and the accountability of government were relevant public interest considerations favouring disclosure of the Deed, in the circumstances, they were insufficient to outweigh the public interest in protecting the business, professional, commercial and/or financial affairs of the Department
· the Deed qualifies for exemption from disclosure under section 45(1)(c) of the FOI Act.
