Henderson and Department of Education
(1996 S0121, 22 July 1997)
This was a 'reverse FOI' application by Mrs Henderson, who objected to the disclosure to the access applicant of documents relating to her employment with the Department.
The Information Commissioner rejected the applicant's contention that the documents in issue were exempt under s.43(1) of the FOI Act, because it was clear from my examination of them that all of the documents in issue were sourced from Mrs Henderson's personnel file and had been created in the course of the Department carrying out its routine administrative functions.
None of the documents in issue was brought into existence for the purpose of obtaining professional legal advice, or for use in anticipated or pending litigation. The Information Commissioner also rejected the applicant's contention that the documents in issue were exempt under s.50(a) of the FOI Act (contempt of court), having regard to a pending Supreme Court action involving the applicant and the respondent. The Information Commissioner was not satisfied that disclosure of the documents in issue would tend to interfere with the fair trial of the pending action.
