Heisner and Environmental Protection Agency

Application number:
2004 F0257
Decision date:
Tuesday, Nov 30, 2004

Heisner and Environmental Protection Agency
(2004 F0257, 30 November 2004)


Personal affairs 

(Note: The document in issue in this review was also in issue in review 2004 F0538) 

The applicant sought access to information that would identify persons who lodged complaints with the EPA about environmental nuisances, which they considered emanated from the applicant's property.  The persons concerned objected to the disclosure of that information. 

Applying the principles in Stewart and Department of Transport (1993) 1 QAR 227, Assistant Commissioner Barker found that the matter in issue was properly to be characterised as information which concerned the personal affairs of the persons lodging complaints, and therefore was prima facie exempt from disclosure under s.44(1) of the FOI Act, subject to the application of the public interest balancing test incorporated within s.44(1).  AC Barker then evaluated the public interest considerations weighing for and against disclosure of the matter in issue, and decided that disclosure of the matter in issue would not, on balance, be in the public interest.