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Judicial Appointments Commission

  • Date 7 February 2019
  • Sector Central government
  • Decision(s) FOI 17: Not upheld, FOI 36: Upheld

The complainant requested information relating to parts (1) and (3) of a qualifying test for a judicial appointment. The Judicial Appointments Commission (JAC) refused to provide the requested information citing section 36(2)(c) (prejudice to effective conduct of public affairs) of the FOIA. The Commissioner’s decision is that section 36(2)(c) was engaged but that the public interest favours releasing some of the requested information. She also found a procedural breach. The Commissioner requires the JAC to take the following step to ensure compliance with the legislation: disclose the information contained in Annex E in the copy of the withheld information provided to the Commissioner.