Tombazos; Chief Executive Officer, Australian Research Council and (Freedom of information)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding a Freedom of Information (FOI) request. The applicant, Mr. Tombazos, sought access to information held by the Chief Executive Officer of the Australian Research Council (ARC). The ARC had initially refused access, but this decision was overturned by the FOI Commissioner. Mr. Tombazos contended that the information, contained within a spreadsheet, was exempt from disclosure under section 45 of the FOI Act.

The primary legal issue before the Tribunal was whether the disclosure of the information in the spreadsheet would found an action for breach of confidence under the general law. This required the Tribunal to consider what constitutes a sufficient basis to establish a claim for breach of confidence.

Deputy President Britten-Jones reasoned that the concerns raised by unsuccessful grant investigators and the universities provided sufficient grounds to establish detriment, which is a key element in founding an action for breach of confidence. The Tribunal was satisfied that the investigators and administering organisations would be able to prevent disclosure under the general law relating to breach of confidence. Consequently, the Tribunal concluded that the information in the spreadsheet was exempt from disclosure under section 45 of the FOI Act.

The Tribunal set aside the reviewable decision of the FOI Commissioner and substituted a decision that the information in question is exempt from disclosure under section 45 of the FOI Act. As this ground was determinative, the Tribunal did not consider further grounds of exemption under sections 47F and 47G.