HFF and Queensland Rail
(2001 S0218, 31 October 2002)
The applicant was the driver of a vehicle belonging to the respondent which was allegedly involved in a minor accident with another car on the Gateway Bridge. The driver of the other car lodged a complaint with the respondent which agreed to pay for repairs to the car. A record of the incident was placed on the applicant's file, but no other action was taken. The applicant maintained that he had not struck the complainant's car and lodged several complaints about the investigation of the matter by the respondent. He applied, under the FOI Act, for access to all documents relating to the complaints and their investigation.
After concessions made by the respondent during the course of the review, the matter remaining in issue comprised the identities of the complainant, and of a passenger in the complainant's car who had provided a brief statement in support of the complaint, plus a small amount of information about three officers of the respondent who were involved in the investigation of the complaint, and who were subsequently advised that certain aspects of their conduct during the investigation had been inappropriate.
The Deputy Information Commissioner found that matter which would identify the complainant and the witness was information which concerned their personal affairs, and was exempt matter under s.44(1) of the FOI Act. The Deputy Information Commissioner also upheld the respondent's claim under s.40(c) of the FOI Act in respect of a small amount of information about the officers who had undertaken the initial investigation of the relevant complaint, on the basis that he was satisfied that the task of constructively addressing shortcomings in staff performance had greater prospects of success if the process remained confidential to the relevant managers and affected staff members.
