NBN Co Limited v Information Commissioner

NBN Co Limited took an appeal against a decision of the Information Commissioner, who had determined to grant access to information held by the applicant under the Right to Information Act 2009 (Qld) (RTI Act). The Information Commissioner had made an order that certain information be disclosed to the applicant, and the applicant sought judicial review of that decision. The primary issue before the court was whether the Information Commissioner's decision was uncertain, whether it was outside the Commissioner’s jurisdiction, whether the Commissioner misconstrued Schedule 3, section 8 of the RTI Act, whether the decision was unreasonable, and whether the appeal should be allowed.

The court found that the Information Commissioner's decision was uncertain as it did not specify what information should be disclosed. The court also found that the Information Commissioner had misconstrued section 8 of the RTI Act. The court held that the Commissioner's decision was outside their jurisdiction and was unreasonable. Therefore, the court allowed the appeal and remitted the matter to the Commissioner to be dealt with in accordance with the court's reasons.

The final orders were that the appeal be allowed and that the matter be remitted to the Commissioner to be dealt with in accordance with the court's reasons. The court did not provide any further details about the specific information that should be disclosed, leaving that decision to the Commissioner.