Reasons for decision
Cabinet Material - Section 34
Section 34(3) provides that a document is exempt to the extent that it contains information the disclosure
of which would reveal a Cabinet decision or deliberation, unless the existence of the deliberation or
decision has been officially disclosed.
Document 1 is an Official Order. Parts of this document contain material that would reveal Cabinet
deliberations or decisions that have not been officially disclosed. I am therefore satisfied that Document 1
is exempt in part under section 34(3) of the FOi Act.
Personal Privacy- Section 47F
Section 47F of the FOi Act is a conditional exemption that applies if disclosure of a document would involve
the unreasonable disclosure of personal information about any person. It also provides that, in determining
whether the disclosure of the document would involve the unreasonable disclosure of such personal
information, an agency must have regard to:
a. the extent to which the information is well known;
b. whether the person to whom the information relates is known to be (or to have been) associated
with the matters dealt with in the document;
c. the availability of the information from public sources; and
d. any other matters that the agency considers relevant.
Documents 1 and 2 are an Official Order and a Notice of Inclusion Form. These documents contain the
names, signatures and phone numbers of Ernst and Young staff involved in the contract process.
Ernst and Young were consulted on the release of information in the documents. They objected to the
release of staff's personal information, including names, contact details and signatures, on the basis of
I have reviewed the material in the documents and the contentions raised by Ernst and Young. I am
satisfied that the information is 'personal information' for the purposes of the FOi Act, it is not well known
and it is not available from publicly accessible sources. I am also satisfied that disclosure of this information
would be unreasonable. As such, I am satisfied that the personal information of Ernst and Young staff in
documents 1 and 2 is conditionally exempt under s47F of the FOi Act.
As I have found material in the documents to be conditionally exempt under section 47F of the FOi Act, I
must consider whether release of this conditionally exempt material would be in the public interest.
Section llA(S) of the Act provides that conditionally exempt material must be released unless its disclosure
would, on balance, be contrary to the public interest. Section 118(3) sets out public interest factors that are
regarded as favouring release and section 118(4) sets out factors that must not be taken into account in
this process. The FOi Guidelines, to which regard must be had in making decisions of this nature, also set
out factors in favour of release and factors against release.