Paussa and Hervey Bay City Council

Paussa and Hervey Bay City Council
(2002 L0025, 25 September 2002) 

This case came before the Information Commissioner by way of a deemed refusal of access by the respondent.  The document in issue was a report commissioned by the respondent regarding the way in which officers of the respondent had dealt with the discovery of 'inappropriate' material on the respondent's computers.  Neither the respondent, nor a third party who was consulted during the course of the review, raised the application of any particular exemption provision to the matter in issue. 

Assistant Commissioner Shoyer considered and rejected the application of s.41(1) of the FOI Act to the matter in issue.  As to the application of s.44(1), some personal affairs matter had already been deleted from the report with the agreement of the applicant.  AC Shoyer decided that disclosure of the remaining personal affairs matter would, on balance, be in the public interest (and hence it was not exempt from disclosure under s.44(1) of the FOI Act) because its disclosure was needed to allow an understanding of the report.