Summary: The complainant requested the Council to release information relating to its decision to grant mandatory and discretionary rate relief to the Church of Scientology Religious Education College (COSREC). The Council provided some information but refused to release the majority of information it held under sections 21, 40(2), 41(1), 42(1), 43(2) of the Act. As the complainant remained dissatisfied, he approached the Commissioner. The Commissioner has reviewed the outstanding information and the Council-™s application of the exemptions cited. He has concluded that the Council was correct to rely on sections 21 and 42(1) of the Act in this case. Concerning the application of section 40(2) of the Act, the Commissioner has concluded that the Council was correct to refuse to release the personal data of third parties under this exemption. Section 40(2) was also applied to the Council-™s internal accounts reference for COSREC. The Commissioner has concluded that section 40(2) of the Act does not apply to this information. In respect of the Council-™s application of sections 41(1) and 43(2) of the Act, the Commissioner has decided that these exemptions are not engaged in this case. He has therefore requested the Council to release further information to the complainant within 35 days of this Notice.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 21 - Complaint Not upheld, FOI 40 - Complaint Partly Upheld, FOI 41 - Complaint Upheld, FOI 42 - Complaint Not upheld, FOI 43 - Complaint Upheld