CITATION: O'Hara v North Sydney Council [2005] NSWADT 100 DIVISION: General Division PARTIES: APPLICANT
Louise O'Hara
RESPONDENT
North Sydney CouncilFILE NUMBER: 033250 HEARING DATES: 21 October 2004, 8 December 2004, 28 January 2005, 16 March 2005 SUBMISSIONS CLOSED: 03/16/2005 DATE OF DECISION:
05/10/2005BEFORE: Higgins S - Judicial Member APPLICATION: access to documents - adequacy of search - access to documents - legal professional privilege - Freedom of Information Act - access to documents - adequacy of search - Freedom of Information Act - access to documents - legal professional privilege MATTER FOR DECISION: Principal matter LEGISLATION CITED: Administrative Decisions Tribunal Act 1997
Freedom of Information Act 1989CASES CITED: Abigroup Ltd v Akins (1997) 42 NSWLR 623
Attorney General (NT) v Maurice (1986) 161 CLR 475
Australian Competition & Consumer Commission v FFE Building Services Ltd [2003] FCA 1181
Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501
Australian Rugby Union Ltd v Hospitality Group Pty Ltd and Ors [1999] FCA 1061
Baker v Campbell (1983) 153 CLR 52
Beesley v Commissioner of Police [2000] NSW ADT 52Cianfrano v Premier's Department [2004] NSWADT 225
Complete Technology Pty Ltd v Toshiba (Australia) Pty Ltd (1994) 53 FCR 125
Daniels Corp International Pty Limited v Australia Competition & Consumer Commissioner (2002) 213 CLR 543
DQ v Commissioner of Police, New South Wales Police Service [2002] NSW ADT 215
Esso Australia Resources Ltd v Commissioner of Taxation (1999) 201 CLR 49
Fagan v State of New South Wales [2004] NSWCA 182
Goldberg v Ng (1995) 185 CLR 83
Mann v Carnell (1999) 201 CLR 1
Murre (No. 2) v Commissioner of Police, New South Wales Police Service [2001] NSW ADT 175
O'Reilly v Commissioner of State Bank of Victoria (1982) 153 CLR 1
Shepherd and Department of Housing, Local Government and Planning [1994] 1 QAR 464
State Bank of South Australia v Smoothdale (No 2) Ltd (1995) 64 SASR 224
Trade Practices Commission v Sterling (1979) 36 FLR 244
Waterford v Commonwealth (1987) 163 CLR 54
Woollahra Municipal Council v Westpac Banking Corp (1994) 33 NSWLR 529REPRESENTATION: APPLICANT
In person
RESPONDENT
G Furness, barristerORDERS: Tribunal orders; a) the decision of the Council to refuse the applicant access to the documents referred to in paragraph 52 of this decision is affirmed; b) the decision of the Council to refuse the applicant access to the documents referred to in paragraph 53 of this decision is set aside and in substitution thereof a decision that the applicant be granted access to these documents; c) in respect of those documents referred to in (a) above which are exempt in part, Council to provide the applicant with a copy of those documents with the exempt material deleted within 28 days of this decision and; d) Council to provide the applicant with a copy of the documents referred to in (b) within 28 days of this decision.
REASONS FOR DECISION
Introduction
1 This is an application by Ms O’Hara (“the applicant”)…
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- Case
- [2005] NSWADT 100
- Decision Date
CaseChat Overview and Summary
The legal issues before the tribunal centred on the interpretation and application of the NSW Government Information (Public Access) Act 2009. The primary issue was whether the documents sought by the applicant were exempt from disclosure under the Act, and if not, whether the respondent's refusal to disclose them was justified. The tribunal also needed to determine whether the respondent had complied with its obligations under the Act in providing access to the documents that were not exempt.
The tribunal found that the respondent had failed to properly consider the public interest in disclosure of the documents sought by the applicant. It held that the documents referred to in paragraph 53 of the decision were not exempt from disclosure under the Act, and that the respondent's refusal to disclose them was not justified. The tribunal also found that the respondent had not complied with its obligations under the Act in providing access to the documents that were not exempt. The tribunal ordered the respondent to provide the applicant with access to the documents referred to in paragraph 53 of the decision, and to provide the applicant with a copy of the documents referred to in (a) above with the exempt material deleted within 28 days of the decision. The tribunal affirmed the respondent's decision to refuse access to the documents referred to in paragraph 52 of the decision, finding that they were properly exempt from disclosure under the Act.
Orders
Orders of the court
Tribunal orders; a) the decision of the Council to refuse the applicant access to the documents referred to in paragraph 52 of this decision is affirmed; b) the decision of the Council to refuse the applicant access to the documents referred to in paragraph 53 of this decision is set aside and in substitution thereof a decision that the applicant be granted access to these documents; c) in respect of those documents referred to in (a) above which are exempt in part, Council to provide the applicant with a copy of those documents with the exempt material deleted within 28 days of this decision and; d) Council to provide the applicant with a copy of the documents referred to in (b) within 28 days of this decision.
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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