Polden v University of Sydney

In Polden v University of Sydney, the Applicant sought access to salary information regarding two individuals employed by Sydney University Sport and Fitness, an entity affiliated with the University of Sydney. The Applicant argued that the information was held by the University and that the public interest in disclosure outweighed any considerations against disclosure. The University refused the request, leading to the Applicant seeking review by the Federal Court of Australia.

The central legal issue before the court was whether the University held the requested information and, if so, whether the public interest considerations in favour of disclosure outweighed those against it. The court had to determine if the information was indeed held by the University and whether the public interest considerations mandated disclosure, given the University's refusal.

The court found that the information was held by the University and that the public interest in disclosure was significant, particularly considering the University's position as a public entity. The court held that the University's refusal to disclose the information was unreasonable and that the public interest considerations in favour of disclosure outweighed those against it. Consequently, the court set aside the University's decision to refuse the information request and ordered the release of the information within 28 days of the decision.

The final orders of the court were that the University's decision to refuse to provide the Applicant with access to the salary information was set aside, and the information was to be released 28 days from the date of the decision. The court otherwise affirmed the University's decision.