Styles v Wollondilly Shire Council

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Civil and Administrative Tribunal


New South Wales

  • Amendment notes
Medium Neutral Citation: Styles v Wollondilly Shire Council [2023] NSWCATAD 315
Hearing dates: On the papers
Date of orders: 12 December 2023
Decision date: 12 December 2023
Jurisdiction:Administrative and Equal Opportunity Division
Before: P H Molony, Senior Member
Decision:

1.   The Tribunal being satisfied that the issues for determination in this matter can be adequately determined in the absence of the parties, by considering the submissions and material lodged by them, dispenses with a hearing in this matter.

2.   The decision under review is set aside and remitted to Wollondilly Shire Council for reconsideration in accordance with the direction that all the information in email chains 1, 2 and 3 be disclosed to Ms Styles, such reconsideration to be completed within 30 days of publication of these reasons.

Catchwords:

ADMINISTRATIVE LAW — Freedom of information — Access to information — administrative review of decision under Government Information (Public Access) Act 2009 — whether reasonable searches undertaken for information responsive to access application — burden of proof that reasonable searches undertaken on agency — whether public interest considerations against disclosure made out — burden on agency to demonstrate each public interest consideration against disclosure relied on — no such burden on access applicant.

Legislation Cited:

Administrative Decisions Review Act 1997

Civil and Administrative Tribunal Act 2013

Evidence Act 1995

Freedom of Information Act 1982 (Cth)

Government Information (Public Access) Act 2009

Cases Cited:

AIN v Medical Council of New South Wales [2015] NSWCATAP 241

Attorney-General's Department v Cockcroft (1986) 10 FCR 180

Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252

Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409

General Manager, Workcover Authority of NSW v Law Society of NSW [2006] NSWCA 84

Hurst v Wagga Wagga City Council [2011] NSWADT 307

Nature Conservation Council of NSW v Department of Trade and Investment, Regional Infrastructure and Services [2012] NSWADT 195];

McKinnon v Secretary, Department of Treasury [2006] HCA 45

Miriani v Transport for NSW [2021] NSWCATAD 16

Peacock v Commissioner of Police, NSW Police Force [2019] NSWCATAD 20

Samandi v NSW Department of Communities and Justice [2020] NSWCATAD 286

Seremetis v Commissioner of Police [2020] NSWCATAD 317

Styles v Wollondilly Shire Council [2023] NSWCATAD 176

Toplace Pty Ltd v City of Parramatta [2021] NSWCATAD 149

Waterford v Commonwealth (1987) 163 CLR 54

Wojciechowska v Commissioner of Police [2020] NSWCATAP 257

Wojciechowska v Commissioner of Police [2020] NSWCATAP 173

XZ v Commissioner of Police, NSW Police Force [2009] NSWADTAP 2

Texts Cited:

None

Category:Principal judgment
Parties: Lynette Styles (Applicant)
Wollondilly Shire Council (Respondent)
Representation: Solicitors:
Applicant (Self-Represented)
Lindsay Taylor Lawyers (Respondent)
File Number(s): 2023/00242487
Publication restriction: None

reasons for decision

Background.

  1. This is an application for administrative review of a decision (the decision) of Wollondilly Shire Council (the agency) concerning an application for access to information made by Ms Styles under the Government Information (Public Access) Act 2009 (NSW)…

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Details
Case
[2023] NSWCATAD 315
Decision Date

CaseChat Overview and Summary

The dispute between Styles and Wollondilly Shire Council was heard and determined by the Information and Privacy Commission of New South Wales. The central issue in the case was whether the Council had undertaken reasonable searches for information in response to an access application made by Styles under the Government Information (Public Access) Act 2009. Additionally, the court had to determine whether public interest considerations against disclosure were sufficiently substantiated by the Council.

The Commission found that the Council had not conducted reasonable searches for the information requested by Styles. Furthermore, the Council had not adequately demonstrated that the public interest considerations against disclosure were valid. The burden of proving that reasonable searches were conducted and that public interest considerations were justified was on the Council, not on Styles. Consequently, the Tribunal ruled that the Council's decision to deny Styles access to the requested information was flawed.

In light of these findings, the Tribunal ordered that the decision under review be set aside and remitted to the Council for reconsideration. The reconsideration must include the disclosure of all information in email chains 1, 2, and 3 to Styles, and the Council must complete this process within 30 days of the publication of these reasons. The Tribunal exercised its discretion to not hold a hearing, relying instead on the submissions and material provided by the parties.

Orders

Orders of the court

1. The Tribunal being satisfied that the issues for determination in this matter can be adequately determined in the absence of the parties, by considering the submissions and material lodged by them, dispenses with a hearing in this matter.

2. The decision under review is set aside and remitted to Wollondilly Shire Council for reconsideration in accordance with the direction that all the information in email chains 1, 2 and 3 be disclosed to Ms Styles, such reconsideration to be completed within 30 days of publication of these reasons.

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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