The Department of Justice refused to give the complainant access to a report by a private investigator and a file note made by a Department employee about that report. I was asked to investigate whether the department could rely on s.27(1)(c) of the Act as grounds for withholding this information.

The Accident Rehabilitation and Compensation Insurance Corporation (ACC) had commissioned an investigation by a private investigator to determine whether the complainant was eligible to continue receiving earnings-related compensation. The report was passed to the Department of Justice by the investigator to examine whether the complainant was breaching the Insolvency Act by carrying on business whilst a bankrupt.

I requested that the Department forward the material in question to my office to assist with my investigation and to explain their grounds for relying on s.27(1)(c). The Department claimed that they were entitled to withhold the information pursuant to s.27 (1)(c) as release of the information would prejudice the maintenance of the law. I pointed out to the Department that as the file note related to a report carried out in 1991 and was to the effect that no action could be taken against the complainant on the basis of the report it would be difficult to rely on s.27(1)(c).

In the meantime the Department consulted with ACC who did not have any objection to the report being made available to the complainant. The Department replied that on reconsidering the matter the complete file would be released. The complainant received the information and no longer wished to pursue the complaint. As the complainant did not desire further action to be taken I decided pursuant to s.71(1)(d) to discontinue the investigation.

November 1994

Access to personal information - Department of Justice - Refusal of request - Information obtained from another agency - Reasons for discontinuing investigation - Privacy Act 1993, ss 27(1)(c) and 71(1)(d) - Information privacy principle 6