Orr and Bond University
(1997 S0084, 8 October 1997)
The Information Commissioner determined that Bond University was not a 'public authority' within the terms of s.9 of the FOI Act, and hence that it was not subject to the application of the FOI Act.
The Information Commissioner decided that it was neither 'established … by an enactment', nor 'established by government', and so did not fall within either limb of s.9(1)(a) of the FOI Act. The Information Commissioner found that Bond University was the name under which a private company (Bond University Limited) operated, and that even if Bond University could be said to be distinct from the company (which the Information Commissioner did not believe to be the position), Bond University must have been created by the company and not by an enactment or by government.
The Information Commissioner rejected a claim that Bond University was established by the Bond University Act 1987 Qld, indicating that that Act did no more than confer additional powers and restrictions on the pre-existing company.
