Price and Crime and Misconduct Commission

Application number:
2005 F0444 & Ors
Decision date:
Friday, Sep 22, 2006

Price and Crime and Misconduct Commission
 (2005 F0444, 22 September 2006)

Price and Crime and Misconduct Commission
 (2006 F0099, 22 September 2006)

 

Price and Crime and Misconduct Commission
 (2006/F0148, 22 September 2006)

 

s.44(1) – identify of complainant

 

The applicant was refused access to a small amount of matter (in review 2005 F0444) which would identify third parties who had made, or been interviewed in connection with, complaints about a local Council.  Assistant Commissioner Barker affirmed the CMC’s decision that, in the absence of any identifiable public interest favouring disclosure of that matter, it qualified for exemption under s.44(1) of the FOI Act.

s.12 – documents of the Commissioner

The applicant applied (in review 2006 F0148) for access to all documents concerning himself which had been provided to the CMC by this Office in the course of various reviews.  AC Barker affirmed the CMC’s decision that that matter is excluded from the operation of the access provisions in Part 3 of the FOI Act by s.12 of the Act.

'Sufficiency of search'

As the applicant did not provide any information in support of his contention (in review 2005 F0444) that there were further documents in the possession or control of the CMC which had not been located and dealt with, AC Barker was satisfied that there were no reasonable grounds for believing that such documents existed, and that the searches and inquiries by the CMC had been reasonable in the circumstances of the case.

s.29B – further application for the same matter

AC Barker found that the CMC was entitled to refuse to deal (in review 2006 F0099) with any matter which had been the subject of previous decisions and reviews, as the applicant had not established any reasonable grounds for again seeking access to that matter, or to require further searches by the CMC for documents he contended had not been located and dealt with in previous reviews.

s.77 – discretion not to further review

With respect to the matter in issue in reviews 2005 F0444 and 2006 F0148, AC Barker decided to exercise the discretion, conferred by s.77 of the FOI Act, not to further review any matter that had been the subject of previous decisions by this Office, on the ground that the applicant’s requests for review of such matter were vexatious and lacking in substance.