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Privacy Law and Policy Reporter

Privacy Law and Policy Reporter (PLPR)
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Greenleaf, Graham --- "Russell Island Development Association Inc And Department of Primary Industries" [1994] PrivLawPRpr 84; (1994) 1(6) Privacy Law & Policy Reporter 110

Russell Island Development Association Inc And Department Of Primary Industries

Administrative Appeals Tribunal (Cth) General Administrative Division No Q93/270; Deputy President Forgie; 13 January 1994 Freedom of Information Act 1982 (Cth) s41(1) - ''unreasonable disclosure of personal information'

The Act provides that ''a document is an exempt document if its disclosure under this Act would involve the unreasonable disclosure of personal information about any person (including a deceased person)' (s41(1)). Deputy President Forgie held that, in deciding whether a disclosure is ''unreasonable', the interest that the applicant has in obtaining access should not be considered (in contrast to the interests of the person that the information is about). This conclusion was supported by comments made by Jenkinson J in Colakovski v Australian Telecommunications Corporation [1991] FCA 152; (1991) 13 AAR 261, and by the 1991amendment to s11(2) which provides that ''a person's right of access is not affected by: (a) any reasons given for seeking access...'.

Graham Greenleaf


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