Bourke v Roads and Maritime Services

In the case of Bourke v Roads and Maritime Services, the applicant, Bourke, sought access to information under the Government Information (Public Access) Act 2009 (NSW). The applicant sought information about the operation of toll roads in New South Wales. The dispute was adjudicated in the Land and Environment Court of New South Wales. The Roads and Maritime Services declined to provide the information on the basis that it was commercially sensitive and not subject to the Act. The applicant sought judicial review of this decision.

The primary legal issue before the court was whether the information sought by the applicant was information to which they were entitled under the Act, or whether it was exempt from disclosure. The court was required to determine whether the information was of a kind that should be exempt from public access, and whether the exemption was valid in the circumstances of this case. The court also had to consider whether the applicant's reliance on community sources to substantiate their complaint was sufficient to overcome the exemption.

The court found that the information sought by the applicant was commercially sensitive and exempt from disclosure under the Act. The court noted that the information related to the operation of toll roads, and that the disclosure of such information could harm the competitive position of the government. The court also found that the applicant's reliance on community sources to substantiate their complaint was insufficient to overcome the exemption. The court held that the applicant had not provided sufficient evidence to support their claim that the information was necessary for the purposes of the Act. The decision of the Roads and Maritime Services was affirmed, and the application for judicial review was dismissed.