Plowman and Australian Securities and Investments Commission (Freedom of information)

This matter concerned an application for review before the Administrative Appeals Tribunal of a decision made by the Information Commissioner, which affirmed a decision by the Australian Securities and Investments Commission (ASIC). The applicant, Ms. Plowman, had made a Freedom of Information (FOI) request for documents relating to a complaint of bullying or harassment made against her by an ASIC staff member. ASIC had dismissed the complaint, finding it to be without substance, and had informed Ms. Plowman of this outcome. Ms. Plowman had sought the documents on the belief that she was being investigated without her knowledge.

The Tribunal was required to determine whether certain documents were exempt from disclosure under the *Freedom of Information Act 1982* (Cth). Specifically, the issues included whether the searches conducted by ASIC were adequate, and whether the withheld documents were conditionally exempt under section 47E(c) of the Act, which pertains to documents whose disclosure would have a substantial adverse effect on the management or assessment of personnel. The Tribunal also considered the public interest test under section 11A(5) of the Act, which applies to conditionally exempt documents, and the potential for unreasonable disclosure of personal information under section 47F.

The Tribunal found that the searches conducted were adequate, noting that an ASIC employee had confirmed with all identified custodians of documents that their relevant materials had been supplied for the initial search. While an electronic search had not been performed, the Tribunal accepted that this was not necessary given ASIC's understanding that the complaint had not led to a formal investigation and therefore no extensive files were kept. The Tribunal did not find it necessary to determine if a particular document was exempt under section 47F.

Consequently, the Tribunal affirmed the reviewable decision in relation to all documents remaining in contention.