Mr Z and The Defence Forces (FOI Act 2014) (The Defence Forces) [2018] IEIC 180266 (26 September 2018)

Mr Z and The Defence Forces (FOI Act 2014) (The Defence Forces) [2018] IEIC 180266 (26 September 2018)

The applicant failed to demonstrate, on the balance of probabilities, that the conduct rating of 'unsatisfactory' was incomplete, incorrect, or misleading. The Defence Forces acted in accordance with the relevant regulations, which require an 'unsatisfactory' rating for a person sentenced to imprisonment, including...

Source-derived case information.

Citation
[2018] IEIC 180266
Parties
Applicant: Mr Z; Respondent: The Defence Forces
Jurisdiction
Ireland
Judgment Date
26 September 2018
Procedural Posture
FOI Amendment Review / Decision of Information Commissioner on Review
Outcome
application refused; original decision affirmed
Legal Topics
Amendment of Records, Personal Information, Conduct Assessment, Defence Forces Regulations
Administrative Law Freedom of Information Amendment of Records Personal Information Conduct Assessment Defence Forces Regulations

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Parties

Mr Z

Applicant

The Defence Forces

Respondent

Procedural Posture

FOI Amendment Review / Decision of Information Commissioner on Review

Legal Issues

  1. 1 Whether the Defence Forces was justified in refusing to amend the conduct rating in the applicant's Certificate of Service and Notification of Discharge on the ground that the assessment is not incomplete, incorrect or misleading

Ratio Decidendi

The applicant failed to demonstrate, on the balance of probabilities, that the conduct rating of 'unsatisfactory' was incomplete, incorrect, or misleading. The Defence Forces acted in accordance with the relevant regulations, which require an 'unsatisfactory' rating for a person sentenced to imprisonment, including a suspended sentence, within two years prior to assessment. Previous conduct assessments are not relevant under the regulations.

Court Disposition

application refused; original decision affirmed