Whittaker and Queensland Audit Office

Whittaker and Queensland Audit Office
(2000 S0093, 15 June 2001)

The applicant sought access to documents relating to an audit by the respondent of outstanding debtor balances of the Legislative Assembly. The respondent claimed that the matter in issue was exempt under s.39(2) of the FOI Act.

During the course of the Information Commissioner's review, the respondent conceded that some of the matter in issue was not exempt from disclosure as it did not constitute 'protected information' within the meaning of s.92 of the Financial Administration and Audit Act 1977 Qld (as required by s.39(2) of the FOI Act). However, the Information Commissioner was of the view that the remainder of the matter in issue did constitute protected information and that its disclosure was not 'required by a compelling reason in the public interest'. Accordingly, the Information Commissioner decided that the matter in issue was exempt from disclosure to the applicant under s.39(2) of the FOI Act.

(The applicant sought review of the Information Commissioner's decision in the Queensland Supreme Court. The matter was heard by Justice Moynihan who delivered a judgment on 7 September 2001 dismissing the application for judicial review.)