CITATION: Hawkins v Cessnock City Council [2008] NSWADT 151 DIVISION: General Division PARTIES: APPLICANT
RESPONDENT
Russell John Hawkins
Cessnock City CouncilFILE NUMBER: 073288 HEARING DATES: On the papers SUBMISSIONS CLOSED: 1 May 2008
DATE OF DECISION:
26 May 2008BEFORE: Pearson L - Judicial Member CATCHWORDS: Access to documents - personal affairs - business affairs MATTER FOR DECISION: Principal matter LEGISLATION CITED: Administrative Decisions Tribunal Act 1997
Freedom of Information Act 1989
Freedom of Information Act 1992 (Qld)
Privacy and Personal Information Protection Act 1998CASES CITED: A v Department of Health [2000] NSWADT 59
Attorney-General's Department v Cockcroft (1986) 64 ALR 97
Cianfrano v Department of Commerce [2005] NSWADT 282
Cianfrano v NSW Department of Commerce [2007] NSWADT 99
Cianfrano v NSW Treasury [2005] NSWADT 7
Commissioner of Police v District Court of NSW 31 NSWLR 606
Department of Education and Training v Mullett [2002] NSWADTAP 13
Fulham v Department of Environment and Conservation [2005] NSWADT 68
Neary v State Rail Authority [1999] NSWADT 107
Re Chandra and Minister for Immigration and Ethnic Affairs (1984) 6 ALN N257
Re Lower Burdekin Newspaper Co and Lower Burdekin Shire Council (2004) 6 QAR 328
Wittingslow Amusements Group Pty Ltd v Director General, Environment Protection Authority (unreported, Supreme Court of New South Wales, 23 April 1993)
Young v Wicks (1986) 13 FCR 85REPRESENTATION: APPLICANT
RESPONDENT
In person
D Grant, solicitorORDERS: The decision under review is set aside
In its place the decision is made that the documents requested by the applicant are to be released in full within 28 days.
REASONS FOR DECISION
1 On 26 June 2007 the applicant applied under the Freedom of Information Act 1989 (the FOI Act) to Cessnock City Council (the Council) for access to the following documents:
2 The Council responded by letter dated 16 July 2007, refusing to give access on the basis that clause 6 of Schedule 1 to the FOI Act applied as the documents “affects the personal affairs of a person”.
The monthly Council credit card accounts for the Director of Corporate and Regulatory Services for the period 1.7.06 to 25.6.07. I require a copy of the monthly statements as provided by the bank.
3 The applicant requested internal review. On 20 August 2007 the Council General Manager affirmed the decision to refuse access, on the basis that the information related to “Council personnel matters affecting the personal affairs of a member of staff” (clause 6 of Schedule 1), and in addition, on the basis that disclosure of the information would also affect the business, professional, commercial and financial affairs of the Council (clause 7 of Schedule 1).
4 The applicant applied to the Tribunal for review of this decision. At a planning meeting held on 13 November 2007 the parties agreed that the issues could properly be determined on the basis of written submissions. The Council provided a copy of the relevant documents to the Tribunal on a confidential basis, and provided written submissions on 30 November 2007.…
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- Case
- [2008] NSWADT 151
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to address was whether the documents requested by Mr Hawkins were subject to an exemption under section 42 of the Act, which allows councils to refuse access to documents that relate to personal or business affairs. The court needed to determine whether the documents in question were exempt from disclosure and, if so, whether the exemption was justified. The court also had to consider whether the council had acted lawfully and reasonably in refusing access to the documents.
In delivering the judgment, the court held that the documents requested by Mr Hawkins were not exempt from disclosure under section 42 of the Act. The court found that the documents were relevant to the council’s decision-making processes and were not of a private nature. The court also held that the council had not provided adequate reasons for refusing access to the documents, which was a requirement under the Act. As a result, the court set aside the council’s decision to refuse access to the documents and ordered that they be released in full within 28 days.
Orders
Orders of the court
The decision under review is set aside In its place the decision is made that the documents requested by the applicant are to be released in full within 28 days.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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