Price and Gatton Shire Council

Price and Gatton Shire Council
(2006 F0191, 15 May 2007)

Sufficiency of search

The applicant sought access to all documents and tapes held by Gatton Shire Council (GSC) that related to himself, his family or his property. After the release of a number of documents to the applicant during the course of the external review, he contended that further documents should exist relating to legal advice he claimed GSC sought that related to him during the time frame relevant to his application. The applicant did not provide any evidence to support his contention. Nonetheless, GSC conducted multiple searches of its records for the documents the applicant claimed they held. No further documents responsive to the applicant’s access application that related to legal advice were located. Assistant Commissioner Corby found that there were no reasonable grounds to believe that any documents relating to legal advice sought by GSC with respect to the applicant for the relevant time period existed in the possession or under the control of GSC, and that in such circumstances that searches undertaken by GSC had been reasonable.