Miller and WorkCover Queensland; WI (Third Party); JL (Fourth Party)

Application number:

2005 F0320

Decision date:

Tuesday, Jan 31, 2006

Miller and WorkCover Queensland; WI (Third Party); JL (Fourth Party)
(2005 F0320, 31 January 2006)

Personal affairs –Matter Communicated in Confidence

The applicant objected to the disclosure of documents by WorkCover Queensland relating to statements made by a witness in relation to their WorkCover claim.

Assistant Commissioner Rangihaeata found that the matter in issue, the witness' statement and references to, and extracts from, that statement contained in the report, concerned the performance of management and did not comprise information concerning the personal affairs of an individual. AC Rangihaeata therefore found that the matter in issue did not qualify for exemption from disclosure under s.44(1) of the FOI Act.

AC Rangihaeata found that there was no evidence that the witness requested, or was given, any assurance that the information they provided to WorkCover would be kept confidential. AC Rangihaeata was not satisfied that the matter in issue consisted of information of a confidential nature that was communicated in confidence and therefore found that the matter in issue did not qualify for exemption from disclosure under s.46(1)(a) or (b) of the FOI Act. AC Rangihaeata affirmed the decision under review, by finding that the matter in issue did not qualify for exemption from disclosure under s.44(1) or s.46(1)(a) or (b) of the FOI Act.