NHL and The University of Queensland

Application number:
1993 S0006
Decision date:
Friday, Feb 14, 1997
(1997) 3 QAR 436

NHL and The University of Queensland
(1993 S0006, 14 February 1997) 

This case contains a detailed analysis of the application of s.44(1) of the FOI Act to information relating to complaints of sexual harassment made by the applicant against an employee of the respondent.  In accordance with principles set out in B and Brisbane North Regional Health Authority (1994) 1 QAR 279 at pp.343-344, the Information Commissioner considered whether segments of the matter in issue comprised information concerning solely the personal affairs of the applicant, or solely the personal affairs of the alleged sexual harasser, or the shared personal affairs of the applicant and the alleged sexual harasser.  The Information Commissioner also discussed the public interest balancing test contained in s.44(1).

The Information Commissioner discussed and explained the requirements of s.41(1) in relation to the respondent's contention that incomplete or provisional draft responses to correspondence compiled by the respondent, comprised deliberative process material which was exempt under s.41(1).

The Information Commissioner also considered the application of s.32 of the FOI Act, which deals with deletion of exempt matter, in rejecting the respondent's contention that it was impracticable to provide the applicant with copies of the documents in issue from which exempt matter had been deleted.