Waters and Redland Shire Council

Application number:
2003 F0387
Decision date:
Wednesday, Jul 16, 2003

Waters and Redland Shire Council
(2003 F0387, 16 July 2003) 

Extension of time application – Personal affairs. 

The applicant (a third party objector) lodged an application for external review outside the prescribed 28 day time limit and sought an extension of time under s.73(1)(d) of the FOI Act.  Applying the principles stated in Young and Workers' Compensation Board of Qld (1994) 1 QAR 543, the Deputy Information Commissioner exercised his discretion to grant the requested extension of time. 

The applicant objected to the disclosure to her neighbour of documents relating to development approval of a pergola constructed on the applicant's property, contending that the documents concerned the applicant's personal affairs and therefore qualified for exemption from disclosure under s.44(1) of the FOI Act.  The Deputy Information Commissioner was satisfied that the applicant had a reasonably arguable case that the strong public interest considerations favouring disclosure to a neighbouring property- owner of information concerning construction work which could affect the amenity of the neighbour's property, might be balanced by public interest considerations favouring non-disclosure of the matter in issue.