Australians for Sustainable Development Inc v Barangaroo Delivery Authority

Australians for Sustainable Development Inc sought access to certain documents under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act). The Barangaroo Delivery Authority (BDA) refused to provide the documents, claiming that disclosure would prejudice the supply of confidential information that facilitates the effective exercise of its functions. The applicants took the matter to the Information and Privacy Commission of New South Wales (the Commission), which found in favour of the BDA and dismissed the applications. The applicants sought judicial review of the Commission's decision in the Land and Environment Court of New South Wales. The court had to determine whether the BDA was correct in its refusal to disclose the documents under cl 1(d) and (e) of the table in s 14(2) of the GIPA Act. The first issue was whether the BDA was correct in refusing to disclose the documents under cl 1(d). The court found that the BDA was not correct in its refusal to disclose the documents under cl 1(d). The court held that the public interest consideration against disclosure must be assessed in the context of the information in dispute. The weight to be given to the public interest in favour of disclosure will differ depending on the information in question. The second issue was whether the BDA was correct in refusing to disclose the documents under cl 1(e). The court found that the BDA was correct in its refusal to disclose the documents under cl 1(e). The court held that there was a connection between the particular opinion, advice, or recommendation and the relevant deliberative process of the agency. The final orders of the court were that the decision of the BDA in regard to the information in the KPMG Report be affirmed, the decision of the BDA in regard to certain deletions in the documents be set aside, and the decision of the BDA in regard to the remaining information in dispute be affirmed.