Luder and Hervey Bay City Council

Application number:
2005 F0338
Decision date:
Monday, Nov 28, 2005

Luder and Hervey Bay City Council
 (2005 F0338 28 November 2005)

s.44(1) – personal affairs

The applicant sought access to documents held by the Hervey Bay City Council in relation to his complaint about his neighbours running a business from their home. 

Assistant Commissioner Rangihaeata found that some of the matter in issue related to the use of the applicant's neighbours' property for the purposes of a company.  That matter could not be characterised as concerning those persons' personal affairs and as such was not exempt from disclosure to the applicant. 

AC Rangihaeata determined, however, that some of the matter in issue concerned the personal affairs of both the applicant's neighbours and another person who assisted the Council in its investigations, and was exempt from disclosure under s.44(1) of the FOI Act.  There were also portions of the matter in issue which were determined to be outside the scope of the applicant's access application as they did not concern the applicant or his complaint.  AC Rangihaeata found that the remainder of the matter in issue did not qualify for exemption under s.44(1) of the FOI Act and was able to be released to the applicant.