Pittwater Council v Walker

Case [2015] NSWCATAD 34

Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: Pittwater Council v Walker [2015] NSWCATAD 34
Hearing dates:5 February 2015
Decision date: 10 March 2015
Jurisdiction:Administrative and Equal Opportunity Division
Before: J McAteer, Senior Member
Decision:

1. The Respondent is restrained from making any access application to Pittwater Council without first obtaining approval of the Tribunal pursuant to section 110 (1) of the Government Information Public Access Act 2009.

Catchwords: Government Information Public Access Act 2009 – Access to information – Restraint provisions – whether to make restraining order – beneficial jurisdiction – supervisory function of Tribunal – general jurisdiction of Tribunal – Standing of Information Commissioner in proceedings.
Legislation Cited: Civil and Administrative Tribunal Act 2013
Freedom of Information Act 1982 (Cth)
Government Information (Public Access) Act 2009
Government Information (Information Commissioner) Act 2009
Local Government Act 1993
Cases Cited: Department of Defence and W [2013] AlCmr2
Texts Cited: Opening Up Government – Review of the Freedom of Information Act 1989 NSW Ombudsman - February 2009
Category:Principal judgment
Parties: Pittwater Council (Applicant)
Phillip Walker (Respondent)
Representation:

Counsel:
C Bolger (Applicant)

Solicitor:
King Wood Mallesons (Applicant)
P Walker (Respondent in person)
File Number(s):1410548

reasons for decision

Introduction

  1. Pittwater Council is a New South Wales Local Government entity which is a council within the meaning of the Local Government Act 1993. In addition Pittwater Council is an agency for the purposes of the Government Information (Public Access) Act 2009 (the GIPA Act), in that it is a ‘local authority’ for the purposes of section 4 (1) of the GIPA Act. Broadly, the term agency refers to the NSW public sector and other entities of government within New South Wales including Local Government.

  2. The GIPA Act places various obligations on agencies within New South Wales in respect of their publication and release of the information that they create and hold. The GIPA Act provides rights for natural persons to where necessary, apply for unconditional copies of this government information.

  3. Whilst the GIPA Act provides rights to individuals and obligations on agencies, the Act also makes additional provision for agencies to request the Tribunal to grant them relief from those obligations in certain specified circumstances.

  4. This claim relates to one of those certain specified circumstances, whereby the Respondent Council, sought an order under section 110 of the GIPA Act, to in effect restrain the individual applicant (Mr Walker) from making further applications for information under that Act, to the Council, without leave of the Tribunal. The GIPA Act provides for such an order in respect of ‘unmeritorious applications’, in specified circumstances, which are defined and set out in the section.

Background

  1. On 29 September 2014 Pittwater Council lodged a General Application with the Tribunal seeking the following orders:

  1. An order that Phillip Walker of (confidential), Mona Vale is not permitted to make any access application, as defined in the Government Information (Public Access) Act 2009 (NSW) without first obtaining the approval of the New South Wales Civil…

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Pittwater Council v Walker [2015] NSWCATAD 34
Case
[2015] NSWCATAD 34
Decision Date

CaseChat Overview and Summary

Pittwater Council was involved in a legal dispute with a resident, Walker, regarding access to information under the Government Information Public Access Act 2009. The case was heard in the Administrative Appeals Tribunal of New South Wales. The primary issue was whether the Tribunal should issue a restraining order to prevent Walker from making further access applications to Pittwater Council without prior approval from the Tribunal. This involved considering the Tribunal's jurisdiction to issue such an order and the standing of the Information Commissioner in the proceedings.

The court considered the legal framework provided by the Act, focusing on sections 110(1) and 110(2), which allow for restraining orders to be made when necessary to prevent abuse of the Act or to protect public interest. The Tribunal evaluated whether Walker's actions constituted such abuse, necessitating the restraining order. Additionally, the court examined the Tribunal's supervisory and general jurisdiction over the application of the Act, ensuring that any order would align with these powers.

The Tribunal concluded that Walker's repeated applications for information demonstrated a pattern of behaviour that could be deemed an abuse of the process outlined in the Act. This led to the decision that a restraining order was appropriate to prevent further applications without Tribunal approval. The Tribunal found that such an order was within its jurisdiction and necessary to maintain the integrity of the information access process.

The final orders mandated that Walker must obtain approval from the Tribunal before making any further access applications to Pittwater Council. This ruling underscores the Tribunal's role in overseeing compliance with the Act and ensuring that its provisions are applied fairly and responsibly.

Orders

Orders of the court

1. The Respondent is restrained from making any access application to Pittwater Council without first obtaining approval of the Tribunal pursuant to section 110 (1) of the Government Information Public Access Act 2009.

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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