Matchett and Department of Families, Youth and Community Care

Application number:
1997 S0038
Decision date:
Friday, Dec 19, 1997

Matchett and Department of Families, Youth and Community Care
(1997 S0038, 19 December 1997) 

The Information Commissioner decided that a clause in an agreement between the Department and a former employee, requiring that the terms of the agreement not be disclosed without the written consent of the employee, no longer restrained the Department in its use or dissemination of the matter in issue, because of the extent of prior public disclosure and public discussion of the terms of the agreement. 

The Information Commissioner therefore decided that the matter in issue was not exempt under s.46(1)(a).  The Information Commissioner found that most of the matter in issue was not exempt under s.44(1), either because it concerned the former employee's employment affairs rather than personal affairs, or because the public interest in accountability of the Department for its decisions to make special payments and provide paid special leave to the employee, warranted disclosure.  The Information Commissioner found that a small amount of matter relating to the employee's superannuation payout and other leave taken, was exempt under s.44(1).