Scully v Sydney Metro

Case [2025] NSWCATAD 3


Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: Scully v Sydney Metro [2025] NSWCATAD 3
Hearing dates: 10 October 2024, 7 November 2024
Date of orders: 06 January 2025
Decision date: 06 January 2025
Jurisdiction:Administrative and Equal Opportunity Division
Before: M Deane, Senior Member
Decision:

(1)   The decision of the Respondent to refuse to provide access to information in full or in part in relation to the following documents is affirmed: 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 76, 77, 78, 79, 80, 81, 82, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 95, 96, 97, 98, 99, 100, 101, 102, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 130, 131, 132, 133, 135, 136, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203 and 204.

(2) The decision of the Respondent to refuse to provide access to information in response to an access application in relation to the following documents is set aside and remitted to the Respondent for reconsideration in accordance with the recommendations in relation to Category 3 documents in this decision and the provisions of the GIPA Act within 30 business days after the date of this decision: 37, 38, 39, 52, 83, 94, 106 and 137.

(3)   The decision of the Respondent to refuse to provide access to information in response to an access application in relation to the following documents is set aside and, in substitution, a decision that the Applicant be granted access to that information within 20 business days after the date of this decision is made, if it has not already been provided: 75, 103, 125, 126, 127, 128, 129 and 134.

(4)   The decision of the Respondent to impose a processing charge is affirmed.

(5) Under section 64(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) publication of the sound recording and the transcript of the closed hearings (from 10:58 to 11:51 am on 10 October 2024 and 10:20am to 12:11pm; 12:11 pm to 12:45pm and 1:43 - 1:48pm on 7 November 2024) of these proceedings, and the paragraphs in this decision marked “NOT FOR PUBLICATION” is prohibited.

(6) Under section 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW) disclosure to the Applicant or any other person apart from representatives of the Respondent, of the sound recording and the transcript of the closed hearings (from 10:58 to 11:51 am on 10 October 2024 and from 10:20am…

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AGLC
Scully v Sydney Metro [2025] NSWCATAD 3
Case
[2025] NSWCATAD 3
Decision Date

CaseChat Overview and Summary

Scully and Sydney Metro were the parties involved in this dispute which was heard by the Civil and Administrative Tribunal of New South Wales. The applicant, Scully, sought access to information held by Sydney Metro under the Government Information (Public Access) Act 2009 (NSW). Scully's application for access to certain documents was partially granted and partially denied by Sydney Metro, leading to this appeal.

The primary legal issues addressed by the court were whether the documents in question were exempt from disclosure under the GIPA Act, and if the processing charges imposed by Sydney Metro were reasonable and justified. The court also considered whether certain parts of the proceedings should be closed to the public and the extent to which information should be withheld from disclosure.

The court found that most of the documents were exempt from disclosure as they related to legal professional privilege, strategic policy formulation, and ongoing investigations. However, several documents were not exempt and were ordered to be released, either immediately or after reconsideration by Sydney Metro. The court affirmed the imposition of processing charges by Sydney Metro, deeming them reasonable. Additionally, the court ordered that certain parts of the proceedings and specific documents remain confidential and not disclosed to the applicant or the public, except as ordered.

In summary, the tribunal affirmed the refusal to disclose most documents, set aside and remitted decisions on certain documents for reconsideration, and ordered immediate disclosure of others. The processing charge was affirmed, and certain parts of the proceedings and documents were prohibited from publication and disclosure.

Orders

Orders of the court

(1) The decision of the Respondent to refuse to provide access to information in full or in part in relation to the following documents is affirmed: 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 76, 77, 78, 79, 80, 81, 82, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 95, 96, 97, 98, 99, 100, 101, 102, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 130, 131, 132, 133, 135, 136, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203 and 204.

(2) The decision of the Respondent to refuse to provide access to information in response to an access application in relation to the following documents is set aside and remitted to the Respondent for reconsideration in accordance with the recommendations in relation to Category 3 documents in this decision and the provisions of the GIPA Act within 30 business days after the date of this decision: 37, 38, 39, 52, 83, 94, 106 and 137.

(3) The decision of the Respondent to refuse to provide access to information in response to an access application in relation to the following documents is set aside and, in substitution, a decision that the Applicant be granted access to that information within 20 business days after the date of this decision is made, if it has not already been provided: 75, 103, 125, 126, 127, 128, 129 and 134.

(4) The decision of the Respondent to impose a processing charge is affirmed.

(5) Under section 64(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) publication of the sound recording and the transcript of the closed hearings (from 10:58 to 11:51 am on 10 October 2024 and 10:20am to 12:11pm; 12:11 pm to 12:45pm and 1:43 - 1:48pm on 7 November 2024) of these proceedings, and the paragraphs in this decision marked “NOT FOR PUBLICATION” is prohibited.

(6) Under section 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW) disclosure to the Applicant or any other person apart from representatives of the Respondent, of the sound recording and the transcript of the closed hearings (from 10:58 to 11:51 am on 10 October 2024 and from 10:20am to 12:11pm; 12:11 pm to 12:45pm and 1:43 - 1:48pm on 7 November 2024) in these proceedings and the paragraphs in this decision marked “NOT FOR PUBLICATION” is prohibited.

(7) Under section 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW) publication of any of the confidential documents contained in the bundle of confidential documents lodged by the Respondent paginated 1 - 1084 is prohibited.

(8) Under section 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW) disclosure to the Applicant of any of the confidential documents contained in the bundle of confidential documents lodged by the Respondent paginated 1 - 1084 is prohibited, apart from those listed in order 2 (after reconsideration by the Respondent) and order 3, unless otherwise released administratively by the Respondent.

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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