XJGB and Australian Information Commissioner (Freedom of Information)

This matter concerned an application for review of a decision by the Australian Information Commissioner to refuse access to a document, the "Report Writer Guide". The applicant, XJGB, sought access to this document, but the Commissioner affirmed the original decision to refuse access, asserting that the document was exempt under sections 45 and 47(1)(b) of the *Freedom of Information Act 1982* (Cth).

The primary legal issues before the court were whether the Report Writer Guide was an exempt document under section 45 of the *Freedom of Information Act 1982* (Cth) on the grounds that its disclosure would found an action for breach of confidence, and whether it was exempt under section 47(1)(b) of the Act as information having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if disclosed.

The court reasoned that disclosure of the Report Writer Guide would likely cause financial detriment to Resolve, a company whose products were detailed in the guide, by providing competitors with an unfair advantage. Consequently, the court concluded that the Report Writer Guide was an exempt document under section 45 as its disclosure would found an action for breach of confidence. Regarding section 47(1)(b), the court considered the criteria that the document must contain information with commercial value and that this value would be destroyed or diminished upon disclosure. The court noted that commercial value can relate to the profitability or viability of a business and that factors such as conferring a competitive advantage or a willingness of a buyer to pay for the information are relevant. The court found that the unauthorised disclosure of the Report Writer Guide would likely cause financial detriment to Resolve, suggesting that its commercial value would be diminished.