Summary: The complainant requested information relating to DSD-™s Strategic Business Review team. DSD provided the complainant with most of the requested information, however it refused to disclose legal advice in reliance upon the exemptions as set out in section 35(1)(a) and section 42(1) of the Act. The Commissioner finds that the section 42(1) exemption is engaged in relation to the entirety of the withheld information within the scope of the requests. He also finds that the public interest in maintaining the section 42(1) exemption outweighs that in disclosure of the withheld information. He has therefore not considered section 35(1)(a). The Commissioner also found that DSD breached sections 17(1)(b), 17(1)(c) and 17(3)(b) of the Act.
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 42 - Complaint Not upheld