DQN v University of Sydney

The applicant, DQN, sought access to a preliminary assessment report of a complaint made by the applicant. The University of Sydney (the respondent) refused to provide access to the report. DQN challenged this decision before the Federal Court of Australia. The court was required to decide whether the public interest against disclosure of the report outweighed the public interest in favour of disclosure, given the nature of the confidential information contained within the report.

DQN submitted that the public interest in favour of disclosure outweighed any public interest against disclosure. The University of Sydney argued that the report contained confidential information about a third party and that disclosure would cause significant harm to the individual. The court considered the public interest in the administration of justice and the public interest in protecting the privacy of individuals. The court concluded that the report contained personal information of a person other than the applicant and that disclosure would have a significant impact on the individual's privacy.

The court held that the public interest against disclosure outweighed the public interest in favour of disclosure. The report contained confidential information that was not relevant to the applicant's complaint, and disclosure would have caused significant harm to the privacy of the third party. The court found that the University of Sydney's decision to refuse access to the report was lawful.

The decision of the respondent made on 23 April 2018 and as varied on 19 February 2019 is affirmed.