Nicholls v Transport for NSW

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Nicholls v Transport for NSW [2017] NSWCATAD 361

Hearing dates:

22 August 2017Additional evidence received and determined on the papers (Submissions closed 10 October 2017).

Date of orders:

08 December 2017

Decision date:

08 December 2017

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

J McAteer, Senior Member

Decision:

(1) Pursuant to section 106 (2) of the GIPA Act the respondent is to produce the information for which the Schedule 1 Clause (2) claim is made, and also to produce any document that the information was assessed against, in making a finding that the information was Cabinet information. Such material is to be filed and received under the provisions of section 107 (2) of the GIPA Act within 14 days of publication of these reasons.

 

(2) The respondent is to file and serve further open written submissions (if any) in support of the material filed in conformity with Order 1 within 14 days of publication of these reasons.

 

(3) The applicant is to file and serve any further submissions (if any) on or before 22 January 2018.

 

(4) The Information Commissioner is to file and serve submissions (if any) on or before 29 January 2018.

 

(5) The respondent is to file confidential submissions (if any) in support of the submissions in order (2) on or before 29 January 2018.

 (6) The matter is listed for directions on 30 January 2018 at 9:30am.

Catchwords:

GIPA Act - Government Information - Access -Confidential information - Cabinet material – Position Minister was taking – Weight of evidence – Reasonable grounds – Whether reasonable grounds established.

Legislation Cited:

Civil and Administrative Tribunal Act 2013
Freedom of Information Act 1989
Government Information (Public Access) Act 2009

Cases Cited:

D’Adam v New South Wales [2014] NSWCATAD 68
Bennison v Department of Premier and Cabinet [2016] NSWCATAD 101
McKay v Transport for NSW [2017] NSWCATAD 212
Searle v Transport for NSW [2017] NSWCATAD 256

Texts Cited:

Nil

Category:

Principal judgment

Parties:

Sean Nicholls (Applicant)
Transport for NSW (Respondent)

Representation:

Counsel:
L Norman (Applicant)
P Lim (Respondent)

 

Solicitors:
Banki Haddock Fiora Solicitors (Applicant)
NSW Crown Solicitors Office (Respondent)

  Information Commission – s-104 (1) E Guest

File Number(s):

2017/00110887

Publication restriction:

Nil

Reasons for decision

Background

1. On 11 April 2017 the applicant filed an application for administrative review with the Tribunal. That application concerned how the respondent had dealt with an application for access to documents, which were of professional interest to the applicant. The applicant is a journalist and was seeking background to funding and costs changes in respect of a significant transport infrastructure project. (Sydney Light Rail). The documents were held by the respondent agency.

2. That initial application was made to the respondent under the Government Information (Public Access) Act 2009 (the GIPA Act) on or about 2 December 2016 whereby the applicant was seeking copies of material relating to the matters referred to in paragraph 1 (above). The specific information sought was set out as follows: