Andy & Jabba-who, I'm more perplexed that the FOI decision maker at CASA elected to give Jabiru the option to review CASA's decision to release the information. CASA's FOI decision maker cited s27 of the FOI act as justification for referrng the matter back to Jabiru for consultation as to whether the data should be released. My reading of S27 and 27A suggests to me that CASA drew a very long bow in deciding that s27/27A was appropriate in this instance: I would have thought that S11B - Public interest would have been more applicable. See below for relevant extracts of the FOI act 1982.
However it would seem that the time allowed under the act for Jabiru to comment has expired and Camel could reasonably expect a response to his FOI request soon. If CASA is swayed by Jabiru not to release the data Camel can seek a review of that decision by the information Commissioner and if still not satisfied he could take the matter to the AAT.
27 Consultation—business documents
Scope
(1) This section applies if:
(a) a request is made to an agency or Minister for access to a document containing information (
business information
) covered by subsection (2) in respect of a person, organisation or undertaking; and
(b) it appears to the agency or Minister that the person, organisation or proprietor of the undertaking (the
person or organisation concerned
) might reasonably wish to make a contention (the
exemption contention
) that:
(i) the document is exempt under section 47 (trade secrets etc.); or
(ii) the document is conditionally exempt under section 47G (business information) and access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5).
27A Consultation—documents affecting personal privacy
Scope
(1) This section applies if:
(a) a request is made to an agency or Minister for access to a document containing personal information about a person (including a person who has died); and
(b) it appears to the agency or Minister that the person or the person’s legal personal representative (the
person concerned
) might reasonably wish to make a contention (the
exemption contention
) that:
(i) the document is conditionally exempt under section 47F; and
(ii) access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5).
11B Public interest exemptions—factors
Scope
(1) This section applies for the purposes of working out whether access to a conditionally exempt document would, on balance, be contrary to the public interest under subsection 11A(5).
(2) This section does not limit subsection 11A(5).
Factors favouring access
(3) Factors favouring access to the document in the public interest include whether access to the document would do any of the following:
(a) promote the objects of this Act (including all the matters set out in sections 3 and 3A);
(b) inform debate on a matter of public importance;
© promote effective oversight of public expenditure;
(d) allow a person to access his or her own personal information.