Decision and Reasons for Decision - Office of the Information ...
Decision and Reasons for Decision - Office of the Information ...
Decision and Reasons for Decision - Office of the Information ...
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<strong>Office</strong> <strong>of</strong> <strong>the</strong> In<strong>for</strong>mation Commissioner (Qld) - 210906 - Page 18 <strong>of</strong> 22<br />
• release <strong>of</strong> <strong>the</strong> in<strong>for</strong>mation would cause a significant erosion <strong>of</strong> trust between<br />
employer <strong>and</strong> staff (particularly where it is <strong>of</strong> a personal <strong>and</strong>/or private nature)<br />
• if disclosed, it has <strong>the</strong> potential to jeopardise <strong>the</strong> current operation <strong>of</strong> <strong>the</strong><br />
workplace by negatively affecting staff management, workplace relationships <strong>and</strong><br />
<strong>the</strong> delivery <strong>of</strong> high quality health care.<br />
77. In relation to <strong>the</strong> Category B in<strong>for</strong>mation located by QH during <strong>the</strong> course <strong>of</strong> this<br />
review, QH submit that its disclosure could reasonably be expected to have a<br />
substantial adverse effect on <strong>the</strong> management <strong>of</strong> its personnel because:<br />
• it comprises in<strong>for</strong>mation about an individual’s work per<strong>for</strong>mance related to QH’s<br />
Per<strong>for</strong>mance Appraisal <strong>and</strong> Development (PAD) process<br />
• <strong>the</strong> PAD process enables organisational goals to be more effectively achieved<br />
<strong>and</strong> provides a mechanism whereby all staff can benefit in terms <strong>of</strong> recognition,<br />
feedback, career planning <strong>and</strong> personal development<br />
• an effective PAD procedure requires confidentiality to be maintained<br />
• disclosure <strong>of</strong> a PAD process would compromise <strong>the</strong> efficacy <strong>of</strong> <strong>the</strong> PAD process<br />
<strong>and</strong> contribute to <strong>the</strong> erosion <strong>of</strong> trust between employer <strong>and</strong> employee, <strong>the</strong>reby<br />
affecting <strong>the</strong> morale <strong>of</strong> QH staff affected by <strong>the</strong> disclosure<br />
• release <strong>of</strong> <strong>the</strong> Category B in<strong>for</strong>mation would be contrary to QH’s policy (IRM 8.2<br />
PAD).<br />
Findings <strong>of</strong> fact<br />
78. The question I must ask is: Is it reasonable to expect that disclosure <strong>of</strong> <strong>the</strong> relevant<br />
in<strong>for</strong>mation will have a substantial adverse effect on <strong>the</strong> management or assessment<br />
by QH <strong>of</strong> its personnel?<br />
79. In relation to <strong>the</strong> Category A in<strong>for</strong>mation, I do not consider that disclosure <strong>of</strong> <strong>the</strong><br />
majority <strong>of</strong> this in<strong>for</strong>mation would have a substantial adverse effect on <strong>the</strong> management<br />
or assessment by QH <strong>of</strong> its personnel because:<br />
• <strong>the</strong> applicant has previously been provided with access to similar in<strong>for</strong>mation<br />
• <strong>the</strong>re is no evidence be<strong>for</strong>e me to suggest that any substantial adverse effect to<br />
QH’s management or assessment <strong>of</strong> its personnel has occurred since that<br />
in<strong>for</strong>mation was disclosed to him<br />
• <strong>the</strong> fact that <strong>the</strong>re was no substantial adverse effect from <strong>the</strong> previous disclosure<br />
<strong>of</strong> similar in<strong>for</strong>mation is evidence that a substantial adverse effect could not<br />
reasonably be expected to follow on from its subsequent release under <strong>the</strong> FOI<br />
Act.<br />
80. However, in respect <strong>of</strong> <strong>the</strong> Category B in<strong>for</strong>mation <strong>and</strong> parts <strong>of</strong> <strong>the</strong> Category A<br />
in<strong>for</strong>mation, I consider that <strong>the</strong> disclosure <strong>of</strong> this in<strong>for</strong>mation would have a substantial<br />
adverse effect on <strong>the</strong> management or assessment by QH <strong>of</strong> its personnel because:<br />
• <strong>the</strong> in<strong>for</strong>mation identifies an individual needing to be per<strong>for</strong>mance managed <strong>and</strong><br />
an employee <strong>of</strong> QH who had raised concerns with QH (including QH’s ef<strong>for</strong>ts to<br />
meet with <strong>the</strong> named individual) with nei<strong>the</strong>r matter relating to <strong>the</strong> applicant