Higgins and Education Queensland
(1998 S0200, 31 March 1999)
In this 'reverse FOI' case, Mr Higgins objected to the Department's decision to give the access applicant access to documents concerning Mr Higgins' employment with the Department. Applying the principles concerning employment-related matter discussed in:
· Stewart and Department of Transport (1993) 1 QAR 227;
· Pope and Queensland Health (1994) 1 QAR 616; and
· Murphy and Queensland Treasury & Others (1995) 2 QAR 744,
The Information Commissioner held that the matter in issue concerning the applicant's employment (whether that employment was outside Queensland, or outside the Queensland government) did not concern his personal affairs, and so was not exempt matter under s.44(1) of the FOI Act.
The Information Commissioner rejected an argument raised by Mr Higgins that some documents were owned by him and so were not 'documents of the agency'. The Information Commissioner stated that while documents are in the physical possession of an agency, they are 'documents of the agency' for the purposes of the FOI Act (applying principles stated in Holt and Education Queensland (1998) 4 QAR 310).
In addition, the Information Commissioner discussed the application of s.30(3)(c) of the FOI Act. The Information Commissioner stated that a valid claim of copyright does not afford a ground of exemption under the FOI Act, or a ground for withholding access (other than by way of provision of a copy). However, the Information Commissioner stated that any issue in relation to the form of access which an agency can or should permit in respect of non-exempt matter, is an issue which must be taken up directly with the relevant agency, as the Information Commissioner have no jurisdiction to deal with such issues.
