Cousins v Ambulance Service (NSW)

The case of Cousins v Ambulance Service (NSW) involved the plaintiff seeking access to information held by the defendant under section 72(2)(d) of a relevant legislation. The plaintiff sought the information in a particular form, which was a copy of a recording, but the defendant refused to provide it, citing operational interference and security concerns. The dispute was heard and determined by the Federal Court of Australia.

The primary legal issue before the court was whether there was an overriding public interest in the disclosure of the information in the way requested by the plaintiff. Additionally, the court had to consider if access to the requested information, in the form requested, would interfere unreasonably with the operations of the agency, and whether listening to the recording at the offices of the respondent was an acceptable alternative form of access.

The court found that while there was an overriding public interest in the disclosure of the information, the form requested by the plaintiff would cause unreasonable interference with the operations of the agency. The court also determined that listening to the recording at the offices of the respondent was an acceptable alternative form of access. Consequently, the decision of the respondent was varied in a manner that allowed the plaintiff to access the information under the specified conditions.

The final orders of the court mandated that the decision of the respondent be varied in accordance with paragraph 86 of the reasons for decision, effectively allowing the plaintiff to access the information in a way that did not unreasonably interfere with the operations of the agency.