Quah v Parramatta Park Trust

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	Quah v Parramatta Park Trust [2017] NSWCATAD 161
Hearing dates:	3 February 2017, on the papers after 8 March 2017
Date of orders:	23 May 2017
Decision date:	23 May 2017
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	D Dinnen, Senior Member
Decision:	(1)   The Respondent’s decision is set aside. (2)   The application for access to the relevant requested information is allowed.
Catchwords:	GOVERNMENT INFORMATION -- access application – public interest considerations – in favour of disclosure – personal reasons – against disclosure – evidence supporting considerations – private tender – confidential information - expectation of confidentiality – legitimate business interests – weight – correct and preferable decision
Legislation Cited:	Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Parramatta Park Trust Act 2001
Cases Cited:	Attorney General’s Department v Cockcroft [1986] FCA 35; (1986) 10 FCR 180 Australians for Sustainable Development Inc v Barangaroo Delivery Authority (2013) NSWADT 252 Battin v University of New England [2013] NSWADT 73 Cianfrano v Director General, Department of Commerce (2005) NSWADT 282 Flack v Commissioner of Police, NSW Police Force [2011] NSWADT 286 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Leech v Sydney Water Corporation [2010] NSWADT 198 Luxford v Department of Education and Communities [2016] NSWCATAD 118 Neary v State Rail Authority [1999] NSWADT 107 Public Service Assn v Premier’s Department [2002] NSWADT 277 Roy v Commissioner of Police, NSW Police Force [2012] NSWADT 120
Category:	Principal judgment
Parties:	Andrew Jason Quah (Applicant) Parramatta Park Trust (Respondent)
Representation:	A Quah (Applicant in person) Conceptual Lawyers (Respondent)
File Number(s):	2016/00378262, 1610499

reasons for decision

Background

1. Andrew Jason Quah (“the Applicant”) seeks access under the Government Information (Public Access) Act 2009 (“the GIPA Act”) to information held by Parramatta Park Trust (“the Respondent”).

2. On 25 September 2015, the Applicant made an application under the GIPA Act seeking the following from the Respondent:

Copies of tender documents received by the PPT in response to the call for EOIs for use of Mays Hills Gatehouse and relevant minutes of meetings held by PPT in regards to the ill-informed decision to award the site to a private tender.

3. On 22 October 2015 the Respondent determined to impose a processing charge for the application, which the Applicant objected to on internal review.

4. On 29 December 2015, the Respondent varied its determination and released some of the documentation sought without charge. It gave the Applicant access to four documents with redactions, being:

1. Tenant evaluation sheet: Western Sydney Creative Centre

2. Tenant evaluation sheet: Think Planners pty ltd

3. Tender evaluation scoresheet

4. 12 August 2015 Board Meeting Minutes.

5. The Respondent refused access to three additional documents.

6. The Applicant sought review of the Respondent’s decision from the Information Commissioner, which issued a report on 1 June 2016 recommending that the Respondent reconsider its decision and issue a new decision.

7. On 29 July 2016, the Respondent issued a new decision under…