Taylor and Queensland Building Tribunal

Application number:

1999 S0170

Decision date:

Wednesday, Apr 12, 2000

Taylor and Queensland Building Tribunal
(1999 S0170, 12 April 2000)

The applicant sought review of a decision by the respondent to refuse him access to an 'Agreement for Compromise' entered into between two companies in settlement of legal proceedings between them in the Tribunal. The respondent claimed that the Agreement was exempt under s.46(1) of the FOI Act. The parties to the Agreement claimed that it was exempt under s.44(1), s.45(1)(c), s.46(1)(a) and s.46(1)(b) of the FOI Act.

The Information Commissioner found that the companies were not capable of having personal affairs for the purposes of s.44(1), and that, in relation to the directors of the companies, the matter in issue which concerned them was properly characterised as information concerning their business affairs, rather than their personal affairs. The Information Commissioner found that the Agreement was not exempt under s.44(1) of the FOI Act. The Information Commissioner accepted that there were segments of the Agreement which were properly characterised as information concerning the business, commercial or financial affairs of the companies; however, the Information Commissioner was not satisfied that disclosure of the Agreement could reasonably be expected to have an adverse effect on those affairs. The Information Commissioner therefore found that the Agreement was not exempt under s.45(1)(c) of the FOI Act.

The Information Commissioner was not satisfied that the Agreement was communicated to the respondent in circumstances such as to bind the respondent with an equitable obligation of conscience not to use or disclose the Agreement in a manner not authorised by the parties to the Agreement. The Information Commissioner therefore found that the Agreement was not exempt under s.46(1)(a) of the FOI Act. The Information Commissioner also found that even if the requirements of s.46(1)(b) were satisfied, disclosure of the Agreement would, on balance, be in the public interest. The Information Commissioner therefore found that the Agreement was not exempt under s.46(1)(b) of the FOI Act.