Australian Conservation Foundation Incorporated and Secretary, Department of Climate Change, Energy, the Environment and Water (Freedom of Information)

The Australian Conservation Foundation Incorporated (ACF) sought access to documents concerning the Toondah Harbour Project under the *Freedom of Information Act 1982* (Cth). The Secretary, Department of Climate Change, Energy, the Environment and Water, and Walker Group (the proponent) resisted disclosure, claiming exemptions under sections 47(1)(b) and 47G of the Act. The matter was heard by Mr A. Maryniak KC, Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the documents in question were exempt from disclosure under section 47(1)(b) of the *Freedom of Information Act 1982* (Cth) as confidential business information, and whether they were conditionally exempt under section 47G of the Act. Walker Group contended that disclosure of the documents, which related to a pre-referral process under the *Environment Protection and Biodiversity Conservation Act 1999* (Cth), would diminish their commercial value. The Department, however, no longer considered the documents sensitive and appropriate for release, subject to certain exclusions not pursued by the ACF.

The Tribunal found that the documents were not conditionally exempt under section 47G, rendering it unnecessary to consider the public interest test under section 11A. Consequently, the Tribunal set aside the previous decision and substituted a new decision that the documents were not conditionally exempt from disclosure under either section 47(1)(b) or section 47G. The ACF was therefore granted access to the documents.