Lucas (acting for Pearliza Pty Ltd and Lucas Management Pty Ltd) and Department of Tourism, Sport and Racing

Application number:
1994 S0009
Decision date:
Monday, Aug 31, 1998

Lucas (acting for Pearliza Pty Ltd and Lucas Management Pty Ltd) and Department of Tourism, Sport and Racing
 (1994 S0009, 31 August 1998) 

In this 'reverse FOI' application, the matter in issue comprised part of a report lodged with the Department in support of an application for the grant of a liquor licence for a proposed tavern. 

The Information Commissioner found that there was no basis for a claim that any part of the report was prepared solely for the purpose of seeking or giving legal advice, or for use in pending or anticipated legal proceedings, and hence that a claim for exemption under s.43(1) could not be maintained.

With respect to the claimed exemption under s.45(1)(b), the Information Commissioner found that, taking into account the age of the information contained in the report and the fact that the applicants' concept of a family-based neighbourhood tavern could no longer be regarded as novel or unique, the information did not have a current commercial value so as to qualify for exemption under s.45(1)(b). 

With respect to s.45(1)(c), the Information Commissioner was not satisfied that disclosure of the report could reasonably be expected to have an adverse effect on the business, commercial or financial affairs of the applicants or any other person, or to prejudice the future supply of like information to government.