Request by unsuccessful applicant for successful applicant’s performance agreement—portions of agreement withheld under s 9(2)(a)—information at issue found to be about job requirements not personal about the jobholder—information released.
An unsuccessful applicant for a position in the Customs Department sought a review of the provisional appointment to the position and requested a copy of the provisional appointee’s performance agreement. The department made a copy of the agreement available to the requester, but deleted some of the information in reliance upon section 9(2)(a) of the OIA.
Upon reviewing the information withheld from the requester, it was found that it related solely to the manner in which the provisional appointee would be expected to perform the executive functions of the position. It was essentially a breakdown of the specific expectations and/or requirements of the job. After consultation with the Privacy Commissioner, the view was formed that the information was more about the job than the appointee. It could only be said to be about the appointee in the sense that it was about him in his capacity as the holder of a public position. Accordingly, it was held that the information was not private about the appointee and that it was not necessary to withhold it in order to protect the privacy of a natural person. Accordingly, section 9(2)(a) did not apply.
This case note is published under the authority of the Ombudsmen Rules 1989 opens page in this tab. It sets out an Ombudsman’s view on the facts of a particular case. It should not be taken as establishing any legal precedent that would bind an Ombudsman in future.