McPhillimy and Department of Tourism, Small Business and Industry

McPhillimy and Department of Tourism, Small Business and Industry
(1996 S0155, 12 March 1998) 

The applicant sought access to documents concerning the 1992 Gold Coast Indy Car Grand Prix.  The issue was whether such documents were 'documents of the agency' for the purposes of s.7 of the FOI Act. 

After making inquiries, the Information Commissioner established that the particular documents to which the applicant sought access were located in the Gold Coast office of Gold Coast Motor Events Co (a body not subject to the application of the FOI Act - see McPhillimy and Gold Coast Motor Events Co (1996) 3 QAR 376).

The Information Commissioner held that the documents were not in the possession or control of the Department, or of an officer of the Department.  After examining the ownership and control of the reconstituted Gold Coast Motor Events Co, the Information Commissioner also held that the Department was not entitled to access to the documents, and therefore that the documents were not 'documents of the agency' for the purposes of the FOI Act.