Reynolds and Parliamentary Commissioner for Administrative Investigations

Application number:
2000 S0156
Decision date:
Monday, Aug 27, 2001

Reynolds and Parliamentary Commissioner for Administrative Investigations
 (2000 S0156, 27 August 2001) 

The applicant sought access to all documents relating to a complaint to the respondent by two third parties.  The third parties were aggrieved that the Redland Shire Council had failed to take any action in response to their complaints about the applicant over a number of years. (The respondent did not undertake a detailed investigation after being informed by the Council that it intended to prosecute the applicant for a breach of town planning regulations.) 

A large amount of the matter in issue was disclosed to the applicant during the course of the review.  The Assistant Commissioner found that the remaining matter qualified for exemption from disclosure under s.44(1) of the FOI Act (the personal affairs exemption). He also found that one document qualified for exemption under s.43(1) of the FOI Act, as it was a request for legal advice from the Council to its solicitors.