Saggers v Environment Protection Authority

Administrative Decisions Tribunal

New South Wales

Medium Neutral Citation:

Saggers v Environment Protection Authority [2013] NSWADT 204

Hearing dates:

On the papers

Decision date:

16 September 2013

Jurisdiction:

General Division

Before:

S Montgomery, Judicial Member

Decision:

1. The decision under review is affirmed.

2. The application for a referral pursuant to section 112 of the Government Information (Public Access) Act 2009 is refused

Catchwords:

Access to government information - access application - reasonable searches - bad faith - section 112 referral

Legislation Cited:

Administrative Decisions Tribunal Act 1997
Government Information (Public Access) Act 2009
Freedom Of Information Act 1989

Cases Cited:

Camilleri v Commissioner of Police, NSW Police Force [2012] NSWADT 5
Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409
Mid Density Developments Pty Ltd v Rockdale Municipal Council (1993) 116 ALR 460
O'Hara v North Sydney Council [2005] NSWADT 100

Texts Cited:

Statutory immunities: when is good faith honest ineptitude? M. Henry; Australian Journal of Emergency Management; 2000 pages 10 -15.

Category:

Principal judgment

Parties:

Colin Saggers (Applicant)
Environment Protection Authority (Respondent)

Representation:

R Fox, Office of Environment and Planning (Respondent)

File Number(s):

123289

reasons for decision

1. GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): This is an application for review of a determination by the Respondent, the Environment Protection Authority, in regard to an application by the Applicant, Mr Saggers, seeking access to information held by the Respondent ("the access application"). In his access application under the Government Information (Public Access) Act 2009 ("the GIPA Act") the Applicant sought:

"All of the documentation in the possession of the agency that will have been created by said agency to process GIPA Informal Application No 10 commencing with the attached letter from Mr Rob Hogan dated 15 June 2012 up to and till the recept of this application."

1. The Respondent received the access application on 4 September 2012. The Respondent's GIPA/Privacy Officer, Dr Racho Donef, determined the access application on 14 September 2012.

1. The Informal request for documents referred to as 'GIPA Informal Application No 10' was in the following terms:

Those documents held by the agency that would constitute the review made under the Protection of the Environment Operations Act (the Act) to license No 11483. The date would be some time in the years 2003/4/5. It will be the 5 year review period prior to the review commenced 18th June 2009.

1. Dr Donef identified a number of documents as falling within the scope of the access application and he determined to release the documents in full. Other documents that were identified were withheld as not falling within the scope of the access application.

1. The Applicant subsequently advised Dr Donef that he had not received attachments to one of the released documents. Those attachments were subsequently released.

1. The withheld documents were also subsequently released notwithstanding the view that that they did not fall within the scope of the access application.

1. It seems that Dr Donef had also dealt with the GIPA Informal…