Honeysett and Redland Shire Council

Application number:
210025
Decision date:
Wednesday, Dec 20, 2006

Honeysett and Redland Shire Council
(210025, 20 December 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 the building of 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.  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 in ensuring the accountability of Council favoured disclosure of part of the matter in issue to the third party, however disclosure of the remaining matter in issue would not materially enhance this public interest consideration.