Johnson v Wollondilly Shire Council

[2022] NSWCATAD 182

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Johnson v Wollondilly Shire Council [2022] NSWCATAD 182

Hearing dates:

10 August 2021

Date of orders:

02 June 2022

Decision date:

02 June 2022

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

S Montgomery, Senior Member

Decision:

1. The decision under review is set aside insofar as it relates to information that has subsequently been released.

2. The decision under review is otherwise affirmed.

Catchwords:

Administrative Law – access to government information – diminish the competitive commercial value of information – prejudice any person’s legitimate business – prejudice the effective exercise of agency’s functions – disclosure of information provided to an agency in confidence – balancing public interest considerations

Legislation Cited:

Civil and Administrative Tribunal Act 2013

Administrative Decisions Review Act 1997

Cases Cited:

Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252

Battin v University of New England [2013] NSWADT 73

Brazel v Sydney Water Corporation [2021] NSWCATAP 13

Camilleri v Commissioner of Police, NSW Police Force [2012] NSWADT 5.

Hurst v Wagga Wagga City Council [2011] NSWADT 307

McKinnon v Blacktown City Council [2012] NSWADT 44

Seremetis v Commissioner of Police; Seremetis v Department of Communities and Justice [2020] NSWCATAD 317

Taylor v Destination NSW [2020] NSWCATAD 137

Texts Cited:

None cited

Category:

Principal judgment

Parties:

Susan Johnson (Applicant)
Wollondilly Shire Council (Respondent)

Also heard:
Sydney Water Corporation (see section 104(3), Government Information (Public Access) Act 2009)
Information Commissioner (see section 104(1), Government Information (Public Access) Act 2009)

Representation:

Solicitors:
Applicant (self-represented)
Lindsay Taylor Lawyers (Respondent)

Information Commissioner (self-represented)

File Number(s):

2020/00359435

Publication restriction:

Section 64(1) of the Civil and Administrative Tribunal Act 2013 applies to Confidential Annexures KM-1, KM-2, KM-3, KM-4 and KM-5 to the statement of Kate Miles dated 11 June 2021.

Reasons for Decision

Introduction

1. Ms Susan Johnson (“the Applicant”) has applied to the Tribunal for review of a determination by Wollondilly Shire Council (“the Respondent” or the “Council”) under the Government Information (Public Access) Act 2009 (NSW)(“the GIPA Act”). The matter concerns an access application (“the access application”) lodged by the Applicant for access to information held by the Council.

The Access request

2. The application concerns the Walker Corporation Wilton South East development (“the Development”). The Applicant’s motivation for the access application was to obtain a better understanding of the actions being taken by the Respondent with respect to ecologically sustainable development, and to confirm that social justice and procedural fairness and water justice principles are supported.

3. The scope of the access application as agreed between the Applicant and Council sought:

1.   Agenda and outcomes of council meeting with Minister Rob Stokes on 24 Oct 2019. Include personal diary notes (non-digital). The purpose of and outcomes regarding Ben Taylor, Toni Averay and any other officer representations to the Minister Planning, Rob Stokes, since Mr Taylor’s appointment to Council.

We are aware Mr Taylor attempted to make representation on 31 October 2019 when his call interrupted budget estimates at Parliament, and subsequently…