McMahon and Department of Justice and Attorney-General

Application number:
2002 F0077
Decision date:
Tuesday, Jan 31, 2006

McMahon and Department of Justice and Attorney-General

(2002 F0077, 31 January 2006)

Executive Council matter – application of s.37(1)


AC Barker varied the decision under review by finding that a copy of an Executive Council minute in relation to public service appointments was exempt under s.37(1)(g) of the FOI Act, and that a memorandum from the Crown Solicitor to the Attorney-General concerning those appointments was exempt under s.37(1)(c) of the Act.

Referee report on successful applicant – application of s.40(c)

The referee report had been provided by the then supervisor of the successful candidate for appointment to a position with the respondent.  AC Barker affirmed the respondent's decision that the report was exempt under s.40(c) of the FOI Act, as its disclosure could reasonably be expected to inhibit the frankness and candour of future such reports, or to prejudice working relationships between referees and the subjects of their reports.

Documents on Crown Law files – application of s.43(1)

The applicant contended that legal privilege did not apply to these documents, as they were created in furtherance of an improper purpose.  The documents related to advice sought from and given by Crown Law to various agencies with whom the applicant was involved in legal actions or appeals.  The applicant contended that those agencies had obtained the advice to assist them in denying him employment or delivering unfavourable outcomes in his appeals AC Barker found, however, that there was no evidence to support the allegations of improper purposes by the respondent or the other agencies, and affirmed the decision that the Crown Law matter was exempt under s.43(1) of the FOI Act.

Information in job applications – application of s.44(1)

AC Barker affirmed the respondent’s decision that matter which would identify persons who were unsuccessful in obtaining a position with the respondent for which the applicant had also applied, and the contact details of the successful candidate, qualified for exemption under s.44(1) of the FOI Act.

Sufficiency of search

AC Barker was 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.