Joseph v Kiama Municipal Council (No 3)

Joseph brought a review of decisions made by the Kiama Municipal Council in relation to requests for information under the Government Information (Public Access) Act 2009 (NSW). The Council had denied access to certain information and documents on the basis that they were privileged and subject to a statutory prohibition on disclosure. The application was heard by the Land and Environment Court of New South Wales. Joseph sought to challenge the Council's decisions to deny access to the information, arguing that the Council had acted outside of its authority and in breach of the Act. Joseph also sought to have the Council referred to the relevant Minister for consideration of its handling of the request.

The court had to decide whether a Government Information (Public Access) Act applicant could seek an order referring an agency to the responsible minister before the conclusion of an administrative review. The court also had to consider whether allegations made by an applicant in relation to section 112 of the Government Information (Public Access) Act operated such that the respondent was deemed to have waived privilege over documents sought under a summons under section 125 of the Evidence Act. The court found that the applicant could not seek the order referring the Council to the Minister before the conclusion of the administrative review. The court also found that the allegations made by the applicant in relation to section 112 of the Government Information (Public Access) Act did not operate such that the Council was deemed to have waived privilege over the documents.

The orders affirmed the Council's decisions to deny access to the information, as varied on 26 May 2023. The court found that the Council had not acted outside of its authority and in breach of the Act, and that the documents were properly subject to a statutory prohibition on disclosure.