Holman v Northern Beaches Council

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Holman v Northern Beaches Council [2024] NSWCATAD 336

Hearing dates:

18 April 2024; on the papers

Date of orders:

12 November 2024

Decision date:

12 November 2024

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

J D Little, Senior Member

Decision:

The decision the subject of the review is affirmed.

Catchwords:

ADMINISTRATIVE LAW – access to government information – access applications – conclusive presumption – overriding public interest considerations against disclosure – legal professional privilege – balancing exercise - public interest considerations in favour of disclosure – public interests considerations against disclosure – whether overriding public interest against disclosure

Legislation Cited:

Administrative Decisions Review Act 1997

Civil and Administrative Tribunal Act 2013

Evidence Act 1995

Government Information (Public Access) Act 2009

Privacy and Personal Information Protection Act 1998

Cases Cited:

Bailey v Commissioner of Police, NSW Police Force [2023] NSWCATAD 275 Commissioner of Police, NSW Police Force v Barrett (No 2) [2016] NSWCATAP 86

Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286

Hurst v Wagga Wagga City Council [2011] NSWADT 307

Jenkinson v Department of Education and Communities [2013] NSWADT 280.

Leech v Sydney Water Corporation [2010] NSWADT 298 at [25]

Lock the Gate Alliance v Department of Planning and Environment [2019] NSWCATAD 6

Luxford v NSW Department of Education and Communities [2016] NSWADT 118

Neary v State Rail Authority [1999] NSWADT 10

Public Service Assn v Premier’s Department [2002] NSWADT 277.

Searle Australia Pty Ltd v PIAC (1992) 108 ALR 163

Seven Network Ltd v News Ltd [2005] FCA 142

Williams v Department of Industry and Investment [2012] NSWADT 192

Category:

Principal judgment

Parties:

John Holman (Applicant)
Northern Beaches Council (Respondent)

Representation:

Applicant (Self-Represented)
Sparke Helmore Lawyers (Respondent)

File Number(s):

2023/00348436

Publication restriction:

Orders previously made pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 on 18 April 2024

REASONS FOR DECISION

1. The Applicant seeks administrative review of a decision made by the Respondent on 19 October 2023 in respect of the Applicant’s application for access to information (access application) under s 9(1) of the Government Information (Public Access) Act 2009 (the GIPA Act).

Background

2. In 2022, the Applicant made other GIPA applications of the Respondent identified in the materials as “GF2022/164494” and “GF2022/391696”. According to the documents relied upon by the Applicant he has also lodged the following GIPA applications:

1. GIPA applications with the Rural Fire Services (RFS);

2. GIPA applications with the National Parks and Wildlife Services; and

3. GIPA application with the Department of Planning and Environment.

3. As explained further below, in addition to these proceedings, the Applicant has sought review from this Tribunal with respect to a decision made by the RFS.

4. The impetus for these GIPA applications, according to the Applicant, were bush fire hazard complaints made by him related to a bordering National Park as well as accusations made against the Applicant and his wife of unlawful land use and unapproved clearing on a property owned by…