McMahon and Department of Premier and Cabinet

Application number:
1997 S0098
Decision date:
Wednesday, Feb 18, 1998

McMahon and Department of the Premier and Cabinet
(1997 S0098, 18 February 1998) 

The applicant raised a 'sufficiency of search' issue, but the Information Commissioner found that there were no reasonable grounds for believing that additional documents, falling within the terms of the applicant's FOI access application, existed in the possession or control of the Premier's Department. 

The applicant also asserted that he was entitled to obtain access to parts of a Cabinet submission which referred to him, and he raised a number of arguments as to why disclosure would be in the public interest.  The Information Commissioner found that the Cabinet submission clearly comprised exempt matter under s.36(1)(a) of the FOI Act, being an exemption provision that was not qualified by a public interest balancing test.