JAC and Department of Transport

Application number:
1998 S0013
Decision date:
Friday, Oct 29, 1999

JAC and Queensland Transport
 (1998 S0013, 29 October 1999) 

WEB and Queensland Transport
 (1998 S0014, 29 October 1999) 

In the first case, the Information Commissioner rejected a number of applications made under s.53 of the FOI Act for amendment of information concerning the applicant's conviction for traffic offences.  The Information Commissioner found that the information sought to be amended was not inaccurate, incomplete, out-of date or misleading.  The Information Commissioner also decided not to review further, two applications disputing facts on which a Magistrate's decision to convict the applicant was founded, on the basis that the applications were misconceived and lacking in substance under s.77(1) of the FOI Act. 

In the second case, the Information Commissioner rejected a number of applications for amendment made under s.53 of the FOI Act by the person who was allegedly driving the car owned by 'JAC' at the time of the offences.  The Information Commissioner decided not to review further one application, on the basis that it was frivolous under s.77(1) of the FOI Act, and found that one application concerned information that did not relate to the personal affairs of the applicant. 

The Information Commissioner otherwise decided that the information sought to be amended was not inaccurate, incomplete, out-of-date or misleading.  The Information Commissioner expressed the view that an application seeking to amend the factual findings contained in a decision by an FOI decision-maker (as an alternative to the pursuit of rights available to seek review of the merits of the decision under s.52 and Part 5 of the FOI Act) should be regarded as frivolous, vexatious, misconceived or lacking in substance under s.77(1) of the FOI Act.