PYT and Department of Education, Training and the Arts; FHR and TQP (Third Parties)

Application number:
210232
Decision date:
Thursday, Jan 31, 2008

PYT and Department of Education, Training and the Arts; FHR and TQP (Third Parties)
(210232, 31 January 2008)

 

Section 44(1) – shared personal affairs

 

The Original Applicants applied under the Freedom of Information Act 1992 (Qld) (FOI Act) to the Department of Education, Training and the Arts for access to a range of information concerning themselves, a child and two other individuals.

 

Assistant Commissioner Henry decided that the matter in issue related to family relationships and emotional ties and fell within the core meaning of ‘personal affairs’ as discussed in Stewart and Department of Transport (1993) 1 QAR 227.

 

Assistant Commissioner Henry also decided that the information was properly characterised as information concerning the shared personal affairs of a child, members of the child’s family and the Original Applicants and in accordance with the decision of B and Brisbane North Regional Health Authority (1994) 1 QAR 279, decided that:

 

·       severance in accordance with section 32 was not possible

·       the section 44(2) exception did not apply

·       the matter in issue was prima facie exempt under section 44(1) of the FOI Act subject to the countervailing public interest balancing test.

 

Assistant Commissioner Henry considered the relevant public interest considerations and found on balance that those favouring non-disclosure outweighed those favouring disclosure.  Consequently, Assistant Commissioner Henry decided that the matter in issue was exempt from disclosure under section 44(1) of the FOI Act.