Eyes v Wyong Shire Council

Eyes was an applicant who sought access to various documents held by Wyong Shire Council under the NSW Government Information (Public Access) Act 2009. The Council had refused to provide access to the documents on the basis of exemptions contained in the Act. The dispute came before the NSW Information and Privacy Commission (the Commission). The central issue before the Commission was whether the Council had correctly exercised its discretion to refuse access to the documents. Specifically, the applicant argued that the Council had failed to consider the public interest in disclosure of the documents.

The Commission considered the nature and content of the documents, and the reasons provided by the Council for its refusals. It was noted that some of the documents related to the Council's legal proceedings and communications with its legal representatives, and therefore fell within an exemption for legal professional privilege. However, the Commission found that the Council had not adequately considered the public interest in disclosure of the remaining documents. In particular, the applicant had demonstrated that the documents were relevant to an important matter of public interest, namely the Council's handling of a complaint about its conduct.

The Commission held that the Council had incorrectly exercised its discretion to refuse access to the documents. It set aside the Council's decisions to the extent that they related to the remaining documents, and ordered that the applicant be given access to those documents. The Council's decisions to refuse access to certain other documents were affirmed.

The Commission's decision provides guidance on the proper exercise of discretion to refuse access to documents under the Act. It emphasises the importance of considering the public interest in disclosure, and the need for decision-makers to provide adequate reasons for their decisions.