Swan v Chief Executive, Department of Corrective Services

The case of *Swan v Chief Executive, Department of Corrective Services* concerned an appeal to the High Court of Australia by Mr Swan against a decision of the Chief Executive of the Department of Corrective Services. The dispute arose from the Chief Executive's refusal to grant Mr Swan, a prisoner, access to certain documents relating to his parole. Mr Swan sought these documents under the *Freedom of Information Act 1982* (NSW).

The High Court was required to determine whether the Chief Executive's refusal to grant access to the documents was lawful. Specifically, the court had to consider whether the documents were exempt from disclosure under the *Freedom of Information Act 1982* (NSW), particularly in relation to provisions concerning documents prepared for the purpose of, or in connection with, the administration of the criminal justice system.

The High Court, in its joint judgment, held that the documents were not exempt from disclosure. Their Honours reasoned that while the administration of the criminal justice system is a broad concept, the specific exemptions relied upon by the Chief Executive were not applicable to the documents in question. The court emphasised that the purpose of the *Freedom of Information Act 1982* (NSW) is to promote openness and accountability, and that exemptions must be interpreted narrowly. The court found that the documents sought by Mr Swan did not fall within the scope of the exemptions as they did not relate to the operational aspects of the criminal justice system in a way that would justify withholding them from an individual directly affected by those decisions.

The High Court allowed the appeal, setting aside the decision of the Chief Executive and remitting the matter to the Chief Executive with a direction to grant Mr Swan access to the documents.