Manning v Bathurst Regional Council

The applicant in this case, Manning, sought a review of a decision by Bathurst Regional Council to deny access to certain information. The dispute was brought before the tribunal to determine whether the information, which was denied access, fell within the scope of the applicant’s initial access application and whether the tribunal had jurisdiction to review a decision concerning information outside the scope of that application. The tribunal was required to decide on two primary legal issues: firstly, whether the information that the council refused to provide was within the scope of the applicant's initial access request; and secondly, whether the tribunal had the authority to review the council's decision regarding information that was outside the scope of the access application.

The tribunal considered whether the information in question, specifically the solicitor's letter and the valuation report, was included in the original access request. It examined whether these documents were relevant and within the scope of the request made by Manning. The tribunal also evaluated whether it had jurisdiction to review the council’s decision concerning information that was not part of the original access request. The tribunal found that the information sought was not within the scope of the original access application and that it did not have jurisdiction to review the decision concerning information that was outside the scope of the request.

Consequently, the tribunal dismissed the part of the application that sought review of the decisions to deny access to the solicitor's letter and the valuation report. The proceedings were scheduled for directions to be held on 30 January 2018 at 9.30am. The tribunal ruled that since the information in question was outside the scope of the original access application, the council's decision was not subject to review by the tribunal.