LMN and Education Queensland

Application number:
2001 S0122
Decision date:
Thursday, Jan 31, 2002

LMN and Education Queensland
(2001 S0122, 31 January 2002) 

The applicant was a secondary school teacher who sought access to various documents, including forms submitted to the Board of Senior Secondary School Studies, students' subject results, and names of parents and students who had complained about or commented on his teaching. 

Assistant Commissioner Shoyer (applying the principles set out in Byrne and Gold Coast City Council (1994) 1 QAR 477), was satisfied that the identities of parents and students who had made complaints, or cooperated with an investigation in their personal capacity, comprised information which concerned their personal affairs, and was prima facie exempt under s.44(1) of the FOI Act.  He also found that information relating to a student's performance or behaviour at school was information concerning the student's personal affairs, and was prima facie exempt under s.44(1) of the FOI Act. 

Because the class lists were in alphabetical order and the classes were so small (comprising just 1, 4 and 8 students), Assistant Commissioner Shoyer was not satisfied that deleting names would sufficiently protect the privacy interests of the students.  He was not satisfied that any of the public interest arguments claimed by the applicant to favour disclosure outweighed the public interest in protecting the privacy interests of the students and parents who made complaints. He decided that the matter in issue was exempt matter under s.44(1) of the FOI Act.