Fisher v Goulburn Mulwaree Council

Fisher brought a claim against Goulburn Mulwaree Council under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act) for access to certain government information. Fisher sought information in relation to land management activities, specifically records regarding the removal of trees on land he owns. The Local Administrative Appeals Tribunal (LAAT) was tasked with reviewing the Council's decision to deny Fisher's request.

The central legal issues were whether the Council's searches for records were sufficient and whether the records in question were relevant to Fisher's request. Fisher argued that the Council's searches were inadequate and that the Council had not considered whether the withheld records were relevant to his request. The Council, on the other hand, maintained that its searches were thorough and that the records were not relevant to the request. The Tribunal needed to determine whether the Council had met its obligations under the GIPA Act.

The Tribunal found that the Council had not adequately justified the sufficiency of its searches and had failed to consider whether the records were relevant to Fisher's request. It was noted that the Council had not provided detailed records of its searches or explained why it believed the searches were sufficient. Furthermore, the Tribunal held that the Council had not adequately considered whether the withheld records were relevant, as it had not provided a clear explanation of the connection between the records and Fisher's request. The Tribunal concluded that the Council's decision was flawed and remitted the matter for reconsideration. The Tribunal also recommended that the Council improve its record-keeping and review processes to ensure compliance with the GIPA Act.

The Tribunal set aside the Council's decision and directed that the matter be reconsidered within 28 days. The Tribunal also listed the matter for directions on 8 April 2019 at 12pm. The Tribunal's decision highlights the importance of thorough record-keeping and careful consideration of relevance when responding to GIPA requests.