The Courier-Mail and Queensland Art Gallery

The Courier-Mail andQueensland Art Gallery
(210325, 18 December 2007)

The applicant applied for access to a document listing the 20 most valuable works of art held by the Queensland Art Gallery (QAG).

Section 42(1)(h)

The QAG refused access to the document in issue under section 42(1)(h) of the Freedom of Information Act 1992 (Qld) (FOI Act) on the basis that disclosure of the document could reasonably be expected to prejudice a procedure for the protection of property (the works of art).  On external review, Acting Information Commissioner Rangihaeata found that the measures taken by the QAG to ensure confidentiality of the values of the works of art constituted a procedure for the protection of property and therefore, the document was exempt from disclosure under section 42(1)(h) of the FOI Act.

Section 49

The QAG also refused access to the document in issue on the basis that its disclosure could reasonably be expected to have a substantial adverse effect on the financial and property interests of the State and that its disclosure would not, on balance, be in the public interest.  On external review, Acting Information Commissioner Rangihaeata found that the adverse effect of increased risk of theft, damage and vandalism to the works of art was substantial and that the document in issue was, prima facie, exempt from disclosure under section 49 of the FOI Act.

In balancing the public interest considerations for and against disclosure, Acting Information Commissioner Rangihaeata found that the public interest in (i) protecting the works of art from theft and damage and (ii) avoiding additional costs or impacts that may result from those increased risks of theft or damage, was sufficient to outweigh the public interest in openness and transparency and ensuring QAG maintained a collection of a high standard.  Accordingly, Acting Information Commissioner Rangihaeata found that the document was also exempt from disclosure under section 49 of the FOI Act.