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Home Decisions  >  Price and Local Government Association of Queensland Inc.; Affirmed in subsequent proceeding under the Judicial Review Act 1991 Qld)

Price and Local Government Association of Queensland Inc.; Affirmed in subsequent proceeding under the Judicial Review Act 1991 Qld)

Application number:
2000 S0052
Decision date:
Saturday, Aug 12, 2000
PDF:
Price and Local Government Association of Queensland Inc.; Affirmed in subsequent proceeding under the Judicial Review Act 1991 Qld) (PDF file, 71.75 KB)
Reported:
(2000) 5 QAR 417

Price and Local Government Association of Queensland Inc.
 (2000 S0052, 8 December 2000)

This case required determination of a jurisdictional issue as to whether or not the respondent is an agency subject to the application of the FOI Act.  The Information Commissioner decided that the respondent is an agency subject to the application of the FOI Act because it is a body that is established for a public purpose by an enactment, within the terms of s.9(1)(a)(i) of the FOI Act. 

The Information Commissioner also noted that it is consistent with the objects of the FOI Act that a body established by an enactment, which performs functions for the benefit of the public or a substantial segment of the public (ie for public purposes), should be subject to the application of the FOI Act, irrespective of whether the public purpose is or is not specified in the enactment which established the body. 

(The Local Government Association sought review of the Information Commissioner's decision in the Queensland Supreme Court.  The matter was heard by Justice Atkinson on 21 February 2001 - The Local Government Association of Queensland v Information Commissioner & Anor [2001] QSC 052, 1 March 2001.  In a judgment delivered on 1 March 2001, Justice Atkinson upheld the Information Commissioner's decision, ordering that the Local Government Association's application for judicial review be dismissed).