Szep and Building Services Authority; Alpert (Third Party)

Application number:
1996 S0029
Decision date:
Wednesday, Oct 09, 1996

Szep and Building Services Authority; Alpert (Third Party)
(1996 S0029, 9 October 1996) 

This was a 'reverse FOI' case in which the applicant objected to the disclosure to the third party of matter from three files relating to complaints made to the respondent by home owners unhappy with building work which involved the applicant.  The complainants in respect of two of the files did not object to disclosure of the matter in issue.  The Information Commissioner was unable to contact the complainant in respect of the third file, but the third party indicated that he did not seek access to matter which would identify the complainant. 

The Information Commissioner rejected the applicant's claim that the matter in issue concerned his personal affairs and found that the matter was not exempt under s.44(1).  Applying the principles set out in B and Brisbane North Regional Health Authority(1994) 1 QAR 279, the Information Commissioner also rejected claims that the matter (almost all of which did not comprise communications by the applicant) was exempt under s.46(1)(a) or s.46(1)(b).