Practical Computer Services Pty Ltd and Local Government Association of Queensland Inc.; Simpson (Third Party); Montgomery (Fourth Party)

Application number:
2005 F0606
Decision date:
Monday, Apr 02, 2007

 

 

Practical Computer Services Pty Ltd and Local Government Association of Queensland Inc.; Simpson (Third Party); Montgomery (Fourth Party)
(2005/F0606, 2 April 2007)

Section 45(1)(b) – Commercial affairs

Section 45(1)(c) – Business, commercial and financial affairs

The applicant, a business competitor of the Local Government Association of Queensland Inc (LGAQ), sought access to a psychologist’s report obtained by the LGAQ concerning the applicant.  Assistant Commissioner Gittins found that, having regard to the applicant’s knowledge of some information in the report and the lapse of time since the LGAQ began marketing its competing product, the information in issue did not have a commercial value that could reasonably be expected to be destroyed or diminished by disclosure and accordingly, the report did not qualify for exemption from disclosure under section 45(1)(b) of the FOI Act. 

AC Gittins found that the report did not qualify for exemption from disclosure under section 45(1)(c) of the FOI Act, as it could not reasonably be expected that disclosure of the portions of the report that concerned the LGAQ’s business, commercial and financial affairs, could have an adverse effect on those affairs.