Pemberton and Brisbane City Council

Pemberton and Brisbane City Council
(210154, 29 May 2007) 

Section 73(1)(d) – extension of time
Section 101C(1)(f) – jurisdiction of Information Commissioner – form of access – whether access applied for would involve an infringement of copyright of a person other than the State 

The applicant sought an extension of time under section 73(1)(d) of the Freedom of Information Act 1992 (Qld) (FOI Act) within which to apply for external review of a decision of Brisbane City Council (Council) granting access to architectural plans by way of inspection only.  The applicant’s delay in making his application for external review was outside the timeframe required under the FOI Act by approximately five days. 

In determining whether this was an appropriate case in which to grant an extension of time, Assistant Commissioner Corby was required to determine the threshold issue of whether the Information Commissioner had jurisdiction to conduct an external review under section 101C(1)(f) of the FOI Act.  Assistant Commissioner Corby found that granting access to the architectural plans in the form applied for (ie. providing copies to the applicant) would involve an infringement of the copyright of a person other than the State.  Accordingly, Assistant Commissioner Corby decided that she did not have jurisdiction under section 101C(1)(f) of the FOI Act to conduct an external review of the decision of the Council to grant access to the architectural plans by way of inspection.  On this basis, Assistant Commissioner Corby declined to exercise her discretion to extend time under section 73(1)(d) of the FOI Act.