Price and Gatton Shire Council

Application number:
1999 L0012 & Ors
Decision date:
Tuesday, Jun 27, 2000

Price and Gatton Shire Council
 (1999 L0012, 27 June 2000) 

Price and Gatton Shire Council
 (1999 L0021, 27 June 2000) 

Price and Gatton Shire Council
 (2000 L0016, 27 June 2000) 

Price and Gatton Shire Council
 (2000 L0024, 27 June 2000) 

These reviews concerned the application of s.28(2) of the FOI Act.  The FOI access applications made by the applicant were broad-ranging and of varied scope, but with substantial overlap, as each sought access to all documents related to the applicant, his family or his property and were unlimited as to time.  The respondent refused to deal with the initial application under s.28(2) of the FOI Act on the basis that to do so would substantially and unreasonably divert the respondent's resources. 

In making his decision in these cases, the Deputy Information Commissioner was mindful of the relative size of the respondent agency and the resources which it has available to carry out its functions.  The Deputy Information Commissioner was satisfied that the respondent would have to undertake a substantial diversion of its resources in order to identify and locate all of the documents sought in the broad-ranging FOI access applications made by the applicant. 

The Deputy Information Commissioner also accepted the evidence of the respondent that the resources required simply to collate the documents, if they could be located, having regard to the number and volume of the documents that were likely to fall within the terms of the access applications, would require a significant input of resources.  Accordingly, the Deputy Information Commissioner decided that the applications should not be further dealt with.