Sandy v Kiama Municipal Council

In Sandy v Kiama Municipal Council, the applicant sought access to information under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act). The applicant requested the council to provide copies of a number of documents which had been produced in another proceeding, as well as any communications between the council and the Department of Planning regarding the development application. The council refused the request on the basis that providing the information would infringe copyright. The Supreme Court was asked to review the decision of the council under s 75 of the GIPA Act. The central legal issue was whether the applicant was entitled to access the information, and if so, whether the refusal to provide it was justified under s 22(1)(c) of the GIPA Act, which allows refusal if access would infringe copyright. The court found that the applicant was entitled to access the information, as it was government information within the meaning of the GIPA Act. However, the court also found that the refusal to provide the information was justified under s 22(1)(c) of the GIPA Act, as reproducing the information would infringe copyright. The court held that the applicant could not obtain the information in the form requested, but could obtain a summary or an extract that did not infringe copyright. The decision of the council was affirmed, and the applicant's application for review was dismissed.