Price and Crime and Misconduct Commission

Application number:
1996 S0102
Decision date:
Thursday, Mar 28, 2002

Price and Crime and Misconduct Commission
(1996 S0102, 28 March 2002) 

Price and Crime and Misconduct Commission
(1997 S0037, 28 March 2002) 

These reviews concerned access applications for documents relating to a number of complaints made by the applicant to the former CJC. The Deputy Information Commissioner affirmed the CJC's refusal, in accordance with s.25(2) of the FOI Act, to deal with part of one of the access applications, because the applicant did not provide the information reasonably necessary to enable a responsible officer of the CJC to identify the requested documents. Of the matter or documents remaining in issue, he found that: 

·       matter contained in one document that consisted of opinion prepared for the deliberative processes involved in the functions of the CJC qualified for exemption under s.41(1) of the FOI Act; 

·       certain personal affairs matter, including the names and other identifying details of third parties, qualified for exemption under s.44(1) of the FOI; and 

·       matter contained in several documents that was communicated to the CJC in confidence qualified for exemption under s.46(1)(b) of the FOI Act. 

The applicant also raised ‘sufficiency of search’ issues in relation to a number of categories of documents. The CJC was requested to undertake additional searches and a number of additional documents, including an audio tape were located. Those documents were disclosed to the applicant, subject to the deletion of matter which qualified for exemption under s.44(1) of the FOI Act. The CJC was not able to locate any further documents responsive to the terms of the access applications. The Deputy Information Commissioner decided that the search efforts to locate additional responsive documents had been reasonable in all the circumstances of the case.