Honeysett and Redland Shire Council
(2006 F0150, 15 September 2006)
s.44(1) – Personal affairs – Retaining wall
The applicant sought review of the Council’s decision to allow a third party to inspect documents relating to plans for a retaining wall on the applicant’s property. The third party owned property adjacent to the applicant, however, the retaining wall was not a shared boundary.
Assistant Commissioner Henry found that disclosure of the matter in issue would disclose information concerning the personal affairs of the applicant for external review. It was necessary to examine the public interest considerations favouring disclosure and to determine whether they outweighed the public interest considerations favouring non-disclosure. After weighing all of the evidence and submissions, AC Henry found that the public interest considerations favoured disclosure of the matter in issue to the third party (as affected neighbours) and to ensure the accountability of Council.
