Henderson and Queensland Law Society Inc.
(2005 F0500, 19 January 2007)
s.46(1)(a), breach of confidence; sufficiency of search; s.22(a), documents to which access may be refused; s.44(1), matter affecting personal affairs; s.45(1)(c), information concerning business, professional, commercial or financial affairs
The applicant sought access to documents concerning the appointment of the CEO and the financial controller of the QLS, a report prepared by Judge Shanahan for the QLS and tax invoices from Judge Shanahan to the QLS.
s.46(1)(a) - breach of confidence
The QLS located employment agreements and an internal memorandum in relation to terms and conditions of employment. Assistant Commissioner Gittins found that the disclosure of those documents would found an action for breach of confidence, and that the documents were accordingly exempt under section 46(1)(a) of the FOI Act.
Sufficiency of search
Applying the principles stated in Shepherd and Department of Housing, Local Government & Planning (1994) 1 QAR 464, AC Gittins found that there were no reasonable grounds to believe that further documents concerning the appointment of the CEO and the financial controller of the QLS were in the posession or under the control of the QLS and that the searches conducted by the QLS were reasonable in the circumstances of the matter.
s.22(a) - documents to which access may be refused
AC Gittins found that the QLS was entitled to refuse access to the report prepared by Judge Shanahan for the QLS in accordance with s. 22(a) of the FOI Act, on the basis that it was available on the QLS web site.
s.44(1) – matter affecting personal affairs
AC Gittins found that the private residential address of Judge Shanahan concerned his personal affairs and that there was no public interest consideration favouring disclosure. The information was found to be exempt under s. 44(1) of the FOI Act.
s.45(1)(c) - information concerning business, professional, commercial or financial affairs
AC Gittins found that details of Judge Shanahan’s charge out rate for work performed for the QLS was exempt under s.45(1)(c) of the FOI Act.
