Administrative Decisions Tribunal
New South Wales
Medium Neutral Citation: McKinnon v Blacktown City Council [2012] NSWADT 44 Hearing dates: 21 September 2011 Decision date: 20 March 2012 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: 1.Set aside the decision of the Agency and instead determine that within 30 days of the publication of these reasons the Agency release to the Applicant a copy of the report subject to deletions as indicated in these reasons.
2.Order under s 75(2) of the Administrative Decisions Tribunal Act 1997 that for a period 30 days from the publication of these reasons paragraphs 60 to 66, and 68, of these reasons not be disclosed to the Applicant, the Information Commissioner or the public.
Catchwords: Government Information (Public Access) - personal information- confidential information that facilitates the effective exercise of an agency's functions - breach of confidence - information provided to an agency in confidence - personal information - competitive commercial value Legislation Cited: Administrative Decisions Tribunal Act 1997
Government Information (Public Access) Act 2009
Freedom of Information Act 1989
Local Government Act 1993
Protected Disclosures Act 1994Cases Cited: Alexander v University of Sydney [2008] NSWADT 214
Attorney-General's Department v Cockcroft (1986) 10 FCR 180
Chief Executive Officer, State Rail Authority v Woods [GD) [2003] NSWADTAP 25
Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409
Department of Education & Training v Mullet [2002] NSWADTAP 13
Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286
Hurst v Wagga Wagga City Council [2011] NSWADT 307
McKinnon v Secretary, Department of Treasury [2006] HCA 45
Neary v State Rail Authority [1999] NSWADT 107
Stewart and Department of Transport [1993] QICmr 6; (1993) 1 QAR 227
TW v TX [2005] NSWADT 262
XZ v Commissioner of Police, NSW Police Force [2009] NSWADTAP 2Category: Principal judgment Parties: Michael McKinnon (Applicant)
Blacktown City Council (Respondent)Representation: M McKinnon (Applicant in person)
Sparke Helmore (Respondent)
Information Commissioner
File Number(s): 113164 Publication restriction: Order under s 75(2) of the Administrative Decisions Tribunal Act 1997 that for a period 30 days from the publication of these reasons paragraphs 60 to 66, and 68, of these reasons not be disclosed to the Applicant, the Information Commissioner or the public.
REASONS FOR DECISION
Background
[GENERAL DIVISION (P H Molony, Judicial Member)] On 20 May 2011 the Mr McKinnon made an application under the Government Information (Public Access) Act 2009 (the GIPA Act) to the Blacktown City Council (the Agency) for access to the following information:
"... the report of the alleged irregularities of Blacktown City Council's Chinese interpreter services"
Mr McKinnon is a journalist who sought access to the report in his professional capacity.
The report is that of an external consultant, SINC Solutions, which was engaged by the Agency to conduct an investigation into and report on, allegations of maladministration and misconduct by an employee of the Agency (the report) in the purchase of Chinese interpreter services for the Agency. The…
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- Case
- [2012] NSWADT 44
- Decision Date
CaseChat Overview and Summary
The court considered whether the Agency's decision was lawful. The court found that the Agency was required to disclose McKinnon the report, subject to deletions of only the exempt information. The Agency was required to disclose the report because the report was not exempt from disclosure as confidential information that facilitated the effective exercise of the agency's functions. The court found that the Agency was not required to disclose McKinnon the report, subject to deletions of only the exempt information, because the report contained personal information. However, the court found that the Agency was required to disclose McKinnon the report, subject to deletions of the exempt information, because the report did not contain confidential information that facilitated the effective exercise of the agency's functions. The court found that the report did not contain confidential information because the information contained in the report was already publicly available. The court also found that the report did not contain information that had competitive commercial value. The court found that the Agency was required to disclose McKinnon the report, subject to deletions of only the exempt information.
The court set aside the decision of the Agency and instead determined that within 30 days of the publication of the reasons the Agency release to McKinnon a copy of the report, subject to deletions of only the exempt information. The court ordered that for a period of 30 days from the publication of the reasons certain paragraphs of the reasons not be disclosed to McKinnon, the Information Commissioner or the public.
Orders
Orders of the court
1.Set aside the decision of the Agency and instead determine that within 30 days of the publication of these reasons the Agency release to the Applicant a copy of the report subject to deletions as indicated in these reasons.
2.Order under s 75(2) of the Administrative Decisions Tribunal Act 1997 that for a period 30 days from the publication of these reasons paragraphs 60 to 66, and 68, of these reasons not be disclosed to the Applicant, the Information Commissioner or the public.
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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