Meldru v Wollondilly Shire Council

In the case of Meldru v Wollondilly Shire Council, the applicant sought access to CCTV footage under the Government Information (Public Access) Act 2009 (NSW). The dispute centred on the council's refusal to release the footage, which was captured by CCTV cameras at a particular location in 2016. The applicant argued that the footage was relevant to a separate matter in which she was involved, and that the release of the footage would assist her in that matter. The dispute was heard in the Land and Environment Court of New South Wales.

The primary legal issue the court had to decide was whether the CCTV footage was exempt from disclosure under the Act. Specifically, the court had to determine whether the footage contained personal information that was exempt from disclosure under section 30 of the Act. The applicant contended that the footage did not contain exempt personal information, while the council argued that the footage contained personal information that was exempt because its release would have a significant effect on the privacy of the individuals depicted in the footage.

The court held that the CCTV footage did contain exempt personal information, but that the public interest in disclosure outweighed the public interest in non-disclosure. The court noted that the applicant had a legitimate interest in accessing the footage, and that the release of the footage, edited to de-identify those individuals whose facial features were visible, would not have a significant effect on the privacy of those individuals. The court held that the council's decision to withhold the footage was unreasonable, and ordered the council to provide the applicant with a copy of the footage, edited to de-identify those individuals whose facial features were visible.

The court ordered the council to provide the applicant with a copy of the 2016 video footage, edited to de-identify those members of the public whose facial features are visible, within 28 days. The court also set aside the council's decision of 15 November 2016, to the extent that it withheld access to the 2016 video footage identified as TRIM 9100.