Lindeberg and Criminal Justice Commission

Lindeberg and Criminal Justice Commission
(1999 S0003, 12 October 2001) 

In this decision, the Assistant Information Commissioner ruled on the outstanding substantive issue in the case in which the Information Commissioner had earlier rejected the applicant's contention of reasonable apprehension of bias (see summary above).  Despite being given four opportunities in which to do so, the applicant failed to lodge any material to support a contention that there were reasonable grounds for believing that certain additional documents existed in the possession, or under the control, of the CJC. 

The Assistant Commissioner reviewed the information and evidence provided by the CJC regarding the various searches and inquiries it had conducted (without success) in an effort to locate the documents sought by the applicant, and on the basis of the material before her, decided that: 

there were no reasonable grounds for believing that additional responsive documents existed in the possession, or under the control, of the CJC, and 

there were no further avenues of search or inquiry which the CJC could reasonably be required to undertake, in an effort to locate additional documents in its possession or control, which fell within the terms of the applicant's FOI access application.