McEwan v Port Stephens Council

In the case of McEwan v Port Stephens Council, the applicant, Mr. McEwan, sought access to government information under the Government Information (Public Access) Act 2009 (NSW). The dispute centred around the disclosure of information contained in the secondary employment register and the pecuniary interests register held by the Council. The applicant argued that the information should be disclosed in its entirety, while the Council maintained that certain details should remain confidential due to privacy and security concerns. The case was heard by the NSW Civil and Administrative Tribunal (NCAT).

The primary legal issues before the court were whether the public interest considerations listed in the Table of section 14 of the GIPA Act could reasonably be expected to constitute a contravention of secrecy provisions if disclosed, and whether the Information Commissioner's guidelines could be used to supplement the listed considerations. The court had to balance the applicant's right to access information against the Council's duty to protect personal and sensitive information.

The NCAT held that the public interest considerations against disclosure, as outlined in the GIPA Act, were sufficient to justify withholding certain details in the secondary employment and pecuniary interests registers. The court found that the Council had adequately demonstrated that disclosure could reasonably be expected to contravene secrecy provisions, thereby justifying the withholding of specific information. The Tribunal also noted that the Information Commissioner's guidelines could assist agencies in understanding public interest considerations but could not expand the list of considerations in the Act. Ultimately, the NCAT ruled in favour of the Council, affirming the decision to redact certain information to protect privacy and security interests.

The NCAT ordered that the Decision of the Council dated 15 January 2020 be varied to release certain documents to the applicant without redactions, while affirming the Council's decision to withhold other information. The Tribunal directed that the specified documents be released within 28 days of the publication of the reasons, ensuring a balance between the applicant's right to access information and the Council's obligations to protect sensitive data.