Ryder and Department of Employment, Vocational Education, Training and Industrial Relations

Ryder and Department of Employment, Vocational Education, Training and Industrial Relations
(1994 S0026, 9 September 1994) 

In this case the Information Commissioner determined that the applicant was required to pay $30.00 application fees in respect of two FOI access applications for documents concerning unsuccessful job applications made by him. 

At paragraph 19, the Information Commissioner said that if a document contains matter which concerns the applicant’s personal affairs, s.6(1) of the Freedom of Information Regulation 1992 Qld does not apply so as to require the payment of a $30.00 application fee in respect of it.  It is only when a document, on its proper characterisation, does not concern the applicant’s personal affairs, that a $30.00 application fee is payable. 

According to the terms of s.29(2) of the FOI Act and s.6(1) of the Freedom of Information Regulation, if even one document falling within the terms of an FOI access application is found not to concern the applicant’s personal affairs, an application fee will be payable.

The Information Commissioner relied on analysis of the meaning of 'personal affairs' in Stewart and Department of Transport (1993) 1 QAR 227, in finding that general documents such as Information for Applicants and Questions for Interview, which were not created specifically for the applicant, could not be said to concern the applicant’s personal affairs. 

The Information Commissioner indicated that the fact that an individual is called on to respond to general guidelines or questions does not, by itself, transform the general document into one which concerns the individual’s personal affairs.