Set aside by Appeal: Set aside by appeal on 8/11/2000
CITATION: Daykin -v- SAS Trustee Corporation [2000] NSWADT 51 DIVISION: General Division PARTIES: APPLICANT
RESPONDENT
Adam Shane Daykin
SAS Trustee CorporationFILE NUMBER: 993275 HEARING DATES: 28/03/2000 SUBMISSIONS CLOSED: 04/19/2000 DATE OF DECISION:
05/01/2000BEFORE: Smith MB - Judicial Member APPLICATION: access to documents - Freedom of Information Act - access to documents MATTER FOR DECISION: Principal matter LEGISLATION CITED: Freedom of Information Act 1989 CASES CITED: Mangoplah Pastoral Company Pty Ltd v Great Southern Energy [1999] NSWADT 93
X v Director-General, Department of Community Services [1999] NSWADT 141
Lambidis v Commissioner of Police (1995) 37 NSWLR 320 Calman v Commissioner of Police [1999] HCA 69
Jones v Dunkell (1959) 101 CLR 298
Department of Premier and Cabinet v Hulls [1999] VSCA 117
Akins v Abigroup Ltd (1998) 43 NSWLR 539
Esso Australia Resources Ltd v Commissioner of Taxation [1999] HCA 67
Grant v Downs (1976) 135 CLR 674
Australian Trade Commission v Disktravel (1999) 91 FCR 374
Parker Pen (Australia) Ltd v Export Development Grants Board (1983) 67 FLR 234
Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1985) 162 CLR 24
Haoucher v Minister for Immigration (1993) 42 FCR 287
Wilson v Minister for Aboriginal and Torres Strait Islander Affairs (1996) 189 CLR 1
Portch v State Authorities Superannuation Board (unreported Industrial Court of NSW, Cullen J, 29 March 1993 at p.2, and Ford v State Authorities Superannuation Board (supra) at p.7
R v Bell, ex parte Lees (1980) 146 CLR 141
Egan v Chadwick [1999] NSWCA 176
Commissioner of Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501
Lambidis v Commissioner of Police (1995) 37 NSWLR 320
Murphy v Abi-Saab (1995) 37 NSWLR 280
R v Blair (1985) 1 NSWLR 584
Commonwealth v Verwayen (1990) 170 CLR 394
Mann v Carnell [1999] HCA 66
Department of Premier and Cabinet v Hulls [1999] VSCA 117
Fagan v Crimes Compensation Tribunal (1982) 150 CLR 666
Re New Broadcasting Ltd and Australian Broadcasting Tribunal (1987) 12 ALD 1
Re Hungerford and Repatriation Commission (1990) 21 ALD 568
Re Velovski and Telstra Corporation (1998) 26 AAR 454
Oshlack v Richmond River Council (1998) 193 CLR 72REPRESENTATION: APPLICANT
B T Matthews, solicitor
RESPONDENT
In personORDERS: 1. The reviewable decision is set aside. ; 2. There be substituted for the reviewable decision a decision that the applicant be given access to the report of Dr Brian Stephenson dated 25 March 1999.
Introduction
1 This is an application by Mr Dakin for review of a decision made on behalf of the respondent on 7 October 1999 which refused access under the Freedom of Information Act 1989 (NSW) to a medical report concerning the applicant prepared by Dr Brian Stephenson and dated 25 March 1999. I shall refer to it as “Dr Stephenson’s second report”. The decision was affirmed on internal review on 26 October 1999.
2 The sole ground claimed for refusing access pursuant to s 24 of the…
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- Case
- [2000] NSWADT 51
- Decision Date
CaseChat Overview and Summary
The court's analysis focused on the provisions of the Freedom of Information Act and the specific exemptions that might apply to the report in question. The court considered the nature of the report and the circumstances under which it was prepared, weighing these against the public interest considerations. It was determined that the report contained information that was not exempt from disclosure under the Act. The court held that the public interest in transparency and access to information outweighed the potential harm from disclosure. Consequently, the decision denying access to the report was found to be unreasonable and thus set aside.
Following the court's decision, the reviewable decision was set aside, and it was ordered that the applicant be given access to the report of Dr Brian Stephenson dated 25 March 1999. This decision emphasised the importance of transparency and the public's right to access information, subject to specific exemptions under the Freedom of Information Act. The court's ruling reinforced the principle that withholding information must be justified by a compelling public interest, and in this case, such justification was not adequately demonstrated.
Orders
Orders of the court
1. The reviewable decision is set aside. ; 2. There be substituted for the reviewable decision a decision that the applicant be given access to the report of Dr Brian Stephenson dated 25 March 1999.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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