Commission for Equality and Human Rights

The complainant requested a copy of the investigation report into allegations made against a senior official of the public authority. The public authority withheld the report on the basis of the exemptions at sections 31(1)(g), 38, 40(2), and 41 of the Act. During the course of the investigation, the public authority agreed to disclose the outcome of the investigation but continued to withhold the report on the basis of all the exemptions cited. The Commissioner found that the report was correctly withheld by virtue of the exemption at section 40(2) of the Act.