Bissett v Director General, NSW Department of Gaming and Racing

Bissett v Director General, NSW Department of Gaming and Racing is a case where the applicant sought access to a document under the Government Information (Public Access) Act 2009 (NSW). The applicant, Mr Bissett, sought access to a document related to the cancellation of his gaming licence by the respondent, the Director General of the NSW Department of Gaming and Racing. The refusal of the request for access to the document was the subject of an internal review and subsequently brought before the Supreme Court of New South Wales.

The primary legal issue before the court was whether the document was exempt from disclosure under section 22 of the GIPA Act. The respondent argued that the document was exempt under section 22(1)(a), which pertains to information that is not held by the public sector agency or is exempt from mandatory disclosure under another law. The court was required to determine whether the document was exempt from disclosure under this provision, and if not, whether the public interest in disclosure outweighed the public interest in non-disclosure under section 22(2).

The court found that the document was not exempt from disclosure under section 22(1)(a) of the GIPA Act. The court held that the document was held by the public sector agency and there was no other law that exempted the document from disclosure. The court also considered the public interest factors under section 22(2) of the GIPA Act, but ultimately found that the public interest in disclosure outweighed the public interest in non-disclosure. The court set aside the Agency’s decision to refuse access to the requested document.