Fletcher and Maloney

In *Fletcher and Maloney*, the applicants sought judicial review of a decision made by the respondent, the Director-General of the Department of Communities and Justice. The dispute concerned the Director-General's refusal to grant the applicants access to certain documents under the *Government Information (Public Access) Act 2009* (NSW). The applicants had requested records pertaining to their deceased child, including medical and psychological reports, and information regarding the circumstances of their child's death. The Director-General had refused access, citing exemptions under the Act, specifically those relating to information the disclosure of which would be contrary to the public interest and information concerning the personal affairs of a deceased person. The matter came before Strickland J in the Supreme Court of New South Wales.

The primary legal issues before the Court were whether the Director-General had erred in law in refusing access to the requested documents and, in particular, whether the exemptions relied upon were correctly applied. The Court was required to consider the scope and application of the public interest test and the provisions relating to access to information concerning deceased persons. Specifically, the Court had to determine if the Director-General had properly balanced the public interest in disclosure against the public interest in withholding the information, and if the personal affairs exemption was applicable in the context of the applicants' relationship to the deceased and the nature of the information sought.

Strickland J found that the Director-General had failed to properly consider the public interest in disclosure, particularly in relation to the applicants' legitimate interest as parents in understanding the circumstances surrounding their child's death. The Court held that the Director-General had applied the exemptions too broadly and had not adequately engaged with the specific circumstances of the case. The principles applied by the Court emphasised the importance of transparency and accountability in government decision-making, and the need for a nuanced approach to the application of exemptions under freedom of information legislation. The Court concluded that the refusal to grant access was not justified.

The Court ordered that the decision of the Director-General be set aside and remitted the matter to the Director-General to be determined according to law, with directions for the proper consideration of the public interest.