The Amanda Flynn Charity Ltd and the Crime and Misconduct Commission; 7G5BAL (Third Party) (310313)

The Amanda Flynn Charity Ltd and the Crime and Misconduct Commission; 7G5BAL (Third party)

(310313, 19 October 2011)

Sections 47(3)(b) and 49 of the Right to Information Act 2009 (Qld) – whether disclosure would, on balance, be contrary to the public interest – routine personal work information 

Sections 47(3)(a) and 48 and schedule 3 section 10(1)(d) of the Right to Information Act 2009 (Qld) – whether disclosure could reasonably be expected to result in a person being subjected to a serious act of harassment or intimidation

The Amanda Flynn Charity Ltd applied to the Crime and Misconduct Commission (CMC) under the Right to Information Act 2009 (Qld) (RTI Act) seeking access to various documents concerning a third party’s employment.  The third party objected to disclosure of the information under the RTI Act.

The information in issue related to the third party’s employment. Certain information including the third party’s private contact details were deleted from these documents and were not in issue.

Assistant Commissioner Henry decided that disclosure of the information in issue would not, on balance, be contrary to the public interest on the basis that:   

·       the information in issue was generated in the context of the third party’s employment in the public sector and comprises routine personal work information

·       disclosure of the information in issue could not reasonably be expected to disclose personal information about a person or prejudice the protection of an individual’s right to privacy

·       the CMC’s role includes the promotion of public sector integrity

·       disclosure of the information in issue could reasonably be expected to enhance the accountability of the CMC (in respect of its human resource practices and its adherence to merit and equity principles in recruitment)

·       this factor favouring disclosure should be afforded moderate to significant weight in the circumstances; and

·       the factors favouring disclosure outweigh those favouring nondisclosure.

After carefully considering the third party’s submissions regarding the application of schedule 3, section 10(1)(d) of the RTI Act, the relevant principles from the Information Commissioner’s decision in Sheridan and South Burnett Regional Council and Others (Unreported, Queensland Information Commissioner, 9 April 2009) and the nature of the information in issue, Assistant Commissioner Henry found that disclosure of the information in issue could not reasonably be expected to result in a person being subjected to a serious act of harassment or intimidation in the circumstances of this review.