Ringland and Department of Transport; Black & White (Quick Service) Taxis Ltd (Third Party)

Ringland and Queensland Transport; Black & White (Quick Service) Taxis Ltd (Third Party)
(2006 F0028, 27 November 2006)

Sections 45(1)(b) and 45(1)(c) – matter relating to business affairs – section 46(1)(a) – matter communicated in confidence

The applicant sought access to documents relating to the performance of Black & White (Quick Service) Taxis of Cairns (Black & White) under its contract with Queensland Transport.  Queensland Transport and Black & White contended that the documents in issue were exempt under sections 45(1)(b), 45(1)(c) and 46(1)(a) of the FOI Act. 

In relation to the claim for exemption under section 45(1)(b) Assistant Commissioner Corby found that the information contained in the documents in issue, while potentially useful to Black & White, did not have an intrinsic commercial value as required by section 45(1)(b). 

AC Corby considered the application of section 45(1)(c) of the FOI Act and decided that release of the documents in issue could not reasonably be expected to cause the kind of adverse effect suggested by Black & White and Queensland Transport.  AC Corby considered that the potential for adverse publicity and uninformed public debate surrounding the information contained in the documents in issue could not reasonably be expected to have an adverse effect, in monetary terms, to Black & White’s business. 

AC Corby also decided that as it was a term of the service contract that information relating to Black & White’s performance could be published, Queensland Transport could not be shown to be under either a contractual or equitable obligation of confidence to keep the information in the documents in issue confidential. The documents in issue were not exempt under section 46(1)(a).