DUTTON V COMMISSIONER OF HOUSING [1999] ACTAAT 21
AAT of ACT – 3 August 1999
FACTS
Dutton was a tenant at premises in Canberra which were managed by the Commissioner.
Disagreements arose between Dutton and other tenants at the premises that led to Dutton’s motor vehicle being damaged by a fire and complaints about Dutton made to the Commissioner by other tenants.
A tenant had apparently sent a letter to the Commissioner complaining about the motor vehicle.
The letter had been released to Dutton but with the name of the person making the complaint deleted and information that could identify the complainant deleted. The Department claimed that the information had been deleted as that part of the document was exempt as it related to the personal affairs of a person.
Dutton agreed that the name of the complainant should not be disclosed but argued that information that could identify the complainant should be available.
ISSUES
Would disclosure of the personal affairs of the complainant be an unreasonable disclosure and would it be in the public interest for the information to be disclosed?
FINDING
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