Singh and Office of the Australian Information Commissioner (Freedom of information)

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding a Freedom of Information (FOI) request made by the applicant. The applicant sought access to documents related to the decision to place them under a single point of contact (SPOC) policy. The respondent, the Office of the Australian Information Commissioner (OAIC), claimed exemptions under sections 47F and 22 of the *Freedom of Information Act 1982* (Cth) for certain personal information contained within the requested documents.

The primary legal issues before the Tribunal were whether the disclosure of the personal information of a seconded employee involved an unreasonable disclosure of personal information under section 47F, and if so, whether the public interest favoured disclosure. The Tribunal was also asked to consider, though ultimately did not make findings on, whether section 37 of the Act, relating to the risk of endangering the physical safety of a person, was engaged by the applicant's dealings with the OAIC.

The Tribunal reasoned that the redacted material, including the name, position, and contact details of the seconded employee, constituted personal information. Applying the factors outlined in subsection 47F(2), the Tribunal found that this information was not well known, the employee was not publicly associated with the SPOC recommendation by name, and the information was not readily available from public sources. Furthermore, the employee was no longer engaged by the OAIC. Consequently, the Tribunal was satisfied that disclosure would constitute an unreasonable disclosure of personal information, making the material conditionally exempt. The Tribunal then applied the public interest test under section 11A(5), determining that disclosure would be contrary to the public interest.

The Tribunal affirmed the decision under review, meaning the OAIC's decision to exempt the personal information of the seconded employee was upheld.