Del v Director-General, NSW Department of Community Services

The High Court of Australia considered an appeal by Del against a decision of the Director-General of the NSW Department of Community Services. The dispute concerned the Director-General's refusal to grant Del access to certain records held by the Department, which Del sought under the *Freedom of Information Act 1989* (NSW).

The central legal issue before the High Court was whether the Director-General was entitled to refuse access to the records on the grounds that they were exempt from disclosure under the *Freedom of Information Act*. Specifically, the Court had to determine whether the records fell within the scope of exemptions relating to documents concerning the personal affairs of other persons or documents the disclosure of which would be contrary to the public interest.

The Court reasoned that the *Freedom of Information Act* was intended to provide for greater access to government documents, and exemptions should be construed narrowly. It was held that the Director-General had not adequately demonstrated that the disclosure of the records would necessarily cause unreasonable harm to the privacy of other individuals or that disclosure would be contrary to the public interest. The Court emphasised the importance of balancing the public interest in disclosure against the need for privacy and confidentiality.

The High Court allowed the appeal, setting aside the decision of the Director-General and remitting the matter to the Administrative Decisions Tribunal for redetermination according to law.