Lesslie v Lithgow City Council

Case [2023] NSWCATAD 306


Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: Lesslie v Lithgow City Council [2023] NSWCATAD 306
Hearing dates: 13 November 2023
Date of orders: 05 December 2023
Decision date: 05 December 2023
Jurisdiction:Administrative and Equal Opportunity Division
Before: M Riordan, Senior Member
Decision:

The decision under review is affirmed.

Catchwords:

ADMINISTRATIVE LAW – administrative review – Government information - whether overriding public interest against disclosure – personal information of a third party

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW)

Government Information (Public Access) Act 2009 (NSW)

Health Records and Information Privacy Act 2002 (NSW)

Local Government Act 1993 (NSW)

Privacy and Personal Information Protection Act 1998 (NSW)

State Records Act 1998 (NSW)

Cases Cited:

Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57

Fisher v Goulburn Mulwaree Council [2019] NSWCATAD 34

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

Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46

Leech v Sydney Water Corporation [2010] NSWADT 298

Meldru v Wollondilly Shire Council [2017] NSWCATAD 292

Neary v State Rail Authority [1999] NSWADT 107

Searle Australia Pty Ltd v Public Interest Advocacy Centre (1992) 36 FCR 111

Taylor v Destination NSW [2017] NSWCATAD 272

YG & GG v Minister for Community Services [2002] NSWCA 247

Texts Cited:

None cited

Category:Principal judgment
Parties: Arthur Lesslie (Applicant)
Lithgow City Council (Respondent)
Representation: Applicant (Self-Represented)
Lithgow City Council (Respondent)
File Number(s): 2023/00229365
Publication restriction: Pursuant to s 64(1)(c) of the NCAT Act the publication or disclosure of the parts of these Reasons marked “NOT FOR PUBLICATION”, other than to the respondent (Lithgow City Council) is prohibited.

REASONS FOR DECISION

Background

  1. These proceedings concern a request that Arthur Lesslie (the applicant) made to Lithgow City Council (the respondent) on 24 May 2023 for the release of information under the Government Information (Public Information) Act 2009 (NSW) (the GIPA Act), in the following terms:

The resignation letter and/or email, from former Councillor Deanna Goodsell to Lithgow City Council’s General Manager or any Officer of Lithgow City Council.

Any letters and/or emails from former Councillor Deanna Goodsell to Lithgow City Council’s General Manager or any Officer of Lithgow City Council between the 11 May 2023 and the 20 May 2023 which asks for advice or which relates to, or discusses or canvasses this resignation.

Any letters and/or emails from Lithgow City Council’s General Manager or any Officer of Lithgow City Council to Deanna Goodsell between the 11 May 2023 and the 20 May 2023.

Any correspondence between Lithgow City Council’s General Manager and Lithgow City Council’s Mayor between the 11 May 2023 and the 20 May 2023 which relates to, or discusses or canvasses this resignation.

  1. On 20 June 2023, the respondent decided to provide access to part of the information sought in item the GIPA request (s 58(1)(a) of the GIPA Act), but to refuse to provide access to the information that was subject to an overriding public interest against its disclosure (s 58(1)(d) of…

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AGLC
Lesslie v Lithgow City Council [2023] NSWCATAD 306
Case
[2023] NSWCATAD 306
Decision Date

CaseChat Overview and Summary

Lesslie v Lithgow City Council involved the plaintiff, Lesslie, and the defendant, Lithgow City Council. Lesslie sought information from the Council under the Government Information (Public Access) Act 2009 (NSW). The Council refused to release certain information, claiming it was exempt under section 22 of the Act, which allows for exemptions on the basis of an overriding public interest against disclosure. Lesslie sought judicial review of the Council's decision in the Land and Environment Court of New South Wales.

The court was required to determine whether the Council's refusal to disclose the information was justified under the Act. Specifically, the court needed to assess whether the exemption based on an overriding public interest against disclosure was applicable, and if so, whether the Council had properly exercised its discretion in making that determination. The court also needed to consider the extent to which the public interest in disclosure outweighed any potential harm to the individuals whose information was being withheld.

The court found that the exemption under section 22 of the Act was applicable, as the information sought related to personal information of a third party, and its disclosure would have been contrary to the public interest. The court noted that the protection of personal information is a significant public interest, and that the potential harm to the individuals concerned was substantial. The court also found that the Council had properly exercised its discretion in refusing to disclose the information. The court was satisfied that the Council had considered all relevant factors, including the public interest in disclosure, and had made a decision that was reasonable and in accordance with the law.

The decision under review is affirmed. The Council's refusal to disclose the information is upheld, and Lesslie's application for judicial review is dismissed.

Orders

Orders of the court

The decision under review is affirmed.

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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