Date: 15 April 2025
Judge(s): Toni Pirani, Freedom of Information Commissioner
Judgment date: 31 March 2025
Source: Office of the Australian Information Commissioner
Catchwords: Freedom of Information Act (1982) — Whether material contains commercially valuable information — Whether disclosure would unreasonably impact business affairs — Whether disclosure of personal information is unreasonable — Whether it is contrary to public interest to release conditionally exempt documents.

Abstract:

In a determination made under s 55k of the Freedom of Information Act 1982 (FOI Act), the original internal review decision of Comcare was set aside. The decision substituted a new determination regarding the release of documents held by Comcare about Services Australia’s workers’ compensation claims.

The determination concluded that the material the third party, Allianz, claimed to be exempt under s 47(1)(b) of the FOI Act was not exempt and must be released. The Commissioner’s made reference to the McKinnon and Department of Immigration and Citizenship [2012] AICmr 34 acknowledging that while the material appears to hold some commercial value to Allianz, it was…