Perkins and Queensland Rail
(1998 S0058, 22 September 2000)
The applicant had applied for a position with Queensland Rail, but was refused an interview on the basis of two adverse referee reports given by former colleagues.
The applicant then applied for access to all documents relating to the selection process. During the course of the review, Queensland Rail agreed to release a number of documents to the applicant. The Information Commissioner found that the matter remaining in issue was exempt under s.41(1) (a brief record of a meeting of the selection panel) as disclosure would inhibit the frank assessment of applicants for future positions; s.44(1) (the addresses of various applicants for employment and the names of unsuccessful applicants) as it concerned the personal affairs of third parties; or s.46(1)(a) (the two referee reports) as it was provided on an explicit understanding of confidentiality.
The Information Commissioner also upheld Queensland Rail's reliance upon s.28(2) of the FOI Act in refusing to deal with the applicant's request for access to the names of any other persons who had sought positions with Queensland Rail (similar to the position for which the applicant had applied) and who had been unsuccessful because of negative referee reports.
