McLennan v University of New England

The case before the court involved a dispute between a former employee, McLennan, and the University of New England. McLennan sought the disclosure of information about bonuses paid to senior staff at the University, invoking the Government Information (Public Access) Act 2009 (NSW). The University argued against disclosure, citing exemptions under the Act, particularly concerning personal affairs and business affairs. The case was heard in the Land and Environment Court of New South Wales, which was asked to determine the legality of the University's decision to withhold the information.

The primary legal issue before the court was whether the exemptions invoked by the University were valid under the Act, and whether the public interest in disclosure outweighed the potential harm to the individuals and the institution. The court needed to assess the relevance and proportionality of the exemptions applied, and whether the disclosure would serve the public interest by enhancing transparency and accountability.

In delivering the decision, the court found that the University's reliance on certain exemptions was not justified. The court held that the information sought by McLennan concerned public affairs and that the exemptions invoked did not adequately protect the personal and business affairs of the individuals. The court emphasised the importance of transparency in public institutions, especially when it involved the allocation of public funds. The court concluded that the public interest in disclosure outweighed the privacy concerns and ordered the information to be released. Consequently, the decision of the University was set aside, and the matter was remitted for reconsideration within a specified timeframe.