Moon and Gold Coast City Council
(2006 F0006, 23 February 2007)
Sufficiency of search – s.22(b) documents to which access may be refused
The applicant claimed that there are further documents that should be released to him which are responsive to his FOI application relating to how the Council made the decision to allow increased density, i.e. the ability to subdivide to four hectares, on four specified parcels of land.
After considering issues relating to scope of the application and ‘documents of an agency’, Assistant Commissioner Corby was satisfied that there are no reasonable grounds for believing that there exists, in the possession or under the control of the Council any further documents responsive to the FOI application and the Council’s searches have been reasonable in all the circumstances of the case.
The applicant requested certain documents that he claimed fell within the scope of his application to which the Council refused access under s.22(b). AC Corby was satisfied that the Council correctly exercised its discretion under s.22(b) of the FOI Act to refuse access to the relevant documents because they are reasonably available for public inspection in a local government public library.