McMahon and Department of Health

Application number:
2001 S0066
Decision date:
Wednesday, Sep 07, 2005

McMahon and Queensland Health (Department of health)
(2001 S0066, 7 September 2005

Referee report – application of s.40(c) 

The applicant sought access to documents relating to a job selection process conducted by the respondent in which he had been an unsuccessful candidate.  AC Barker varied the respondent’s decision by finding that a referee report prepared by the immediate supervisor of a successful candidate was exempt from disclosure to the applicant under s.40(c) of the FOI Act.  After considering Commissioner Albietz’s findings in Re Pemberton and The University of Queensland (1994) 2 QAR 293 AC Barker found that the public interest in disclosing the contents of the report to the applicant did not outweigh the public interest considerations in non-disclosure.

identities of unsuccessful applicants - application of s.44(1) 

The applicant had been given access to other documentation subject to the deletion of identifying information in respect of other unsuccessful job applicants.  AC Barker found that such identifying matter qualified for exemption under s.44(1) of the FOI Act, applying the principles established in Re Baldwin and Department of Education; Others (1996) 3 QAR 251.  AC Barker was also satisfied from the searches undertaken during the course of the review that no additional responsive documents existed in the possession or under the control of the respondent.