Tooker and Central Queensland Ports Authority
(210244, 23 October 2007)
Section 11A Application of Act to GOCs
The applicant sought access to a copy of any minutes of the Central Queensland Ports Authority’s (CQPA) Board Risk Committee relating to coal dust. The CQPA submitted that the documents were received or brought into existence in relation to an activity conducted on a commercial basis and were therefore excluded from the application of the FOI Act under section 11A of the FOI Act and section 486 of the Transport Infrastructure Act 1994 (TI Act).
Acting Information Commissioner Rangihaeata found that coal handling services were a key income earning activity of the CQPA and that the risk management of coal dust issues was critical to the success of CQPA coal handling services and the profitability of the CQPA as a whole.
It was determined that the risk assessment of issues relating to coal handling services and the appropriate commercial management of such issues were activities conducted by the CQPA on a commercial basis. Acting Commissioner Rangihaeata found that the documents the applicant sought access to had been brought into existence for the purpose of documenting the CQPA’s risk management of issues associated with coal handling services.
Acting Commissioner Rangihaeata decided that the documents were received or brought into existence by the CQPA in carrying out an activity conducted on a commercial basis and therefore the documents were excluded from the application of the FOI Act by section 11A of the FOI Act and section 486 of the TI Act.