Summary: In September 2005, the complainant made 11 requests in a single item of correspondence. The public authority disclosed some information and withheld the rest. During the course of the Commissioner-™s investigation, further information was disclosed to the complainant. The Commissioner has decided that some of the requested information has been correctly withheld under section 40(2) but that other elements should be disclosed. The Commissioner requires that this information be disclosed to the complainant. The Commissioner has concluded that, on the balance of probabilities, the public authority does not hold some of the requested information. The Commissioner decided that the public authority has made a reasonable offer of access to other elements of the requested information, which would not otherwise be made available through disclosure because of section 12. However, the Commissioner has identified a number of procedural shortcomings in the way the public authority handled the complainant-™s requests.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 10 - Complaint Upheld, FOI 12 - Complaint Partly Upheld, FOI 17 - Complaint Upheld, FOI 40 - Complaint Partly Upheld