Robertson and Queensland Rail; Tolhurst (Third Party)

Tolhurst and Queensland Rail; Robertson (Third party)
(2004 F0112, 24 June 2004)

Robertson and Queensland Rail; Tolhurst (Third party)
(2004 F0117, 24 June 2004) 

Personal affairs – Information communicated in confidence 

These applications related to a grievance investigation conducted by the respondent.  The applicant and the third party were parties to the grievance. In application for review 112/04, the applicant sought review of the respondent's decision to give the third party access to some information contained in the report that had been prepared by the investigators.  In application for review 2004 F0117, the applicant sought review of the respondent's decision to refuse her access to some information contained in the investigators' report. 

AC Moss decided that none of the matter in issue qualified for exemption from disclosure under s.44(1) or s.46(1) of the FOI Act.  As regards the application of s.44(1) to the matter in issue in review 2004 F0112, Assistant Commissioner Moss was satisfied that none of the matter in issue could properly be characterised as information concerning the applicant's personal affairs.  Rather, it concerned aspects of his employment affairs. 

As regards the application of s.46(1) to the matter in issue in review 117/04, AC Moss found that none of the matter in issue had been communicated in confidence as against the applicant, who was the person who had lodged the grievance.  While it may have been reasonable for the third party to expect that the information he provided to the investigators would be kept confidential from the world at large, it was not reasonable for him to expect that it would be kept confidential from the applicant, given that it was supplied during the course of the respondent's investigation of the applicant's grievance, and given the respondent's duty to accord the applicant procedural fairness in investigating, and making a decision in response to, her grievance.