Walker v Gosford City Council

In the matter of Walker v Gosford City Council, the plaintiff sought access to certain documents held by the defendant council under the Government Information (Public Access) Act 2009 (NSW). The plaintiff contended that the council had unlawfully refused to provide the documents, which included architectural plans and reports, related to a development application. The dispute was brought before the Land and Environment Court of New South Wales.

The primary legal issue before the court was whether the documents were subject to copyright protection, which would exempt them from disclosure under the GIPA Act. The court needed to determine if the architectural plans and reports were original literary works protected by copyright and, if so, whether this protection precluded their disclosure under the Act. Another issue was the form of access the plaintiff was requesting, as the plaintiff sought physical copies of the documents, while the council had offered digital access.

The court found that the architectural plans and reports were indeed original literary works and thus subject to copyright. However, the court held that the copyright did not prevent the disclosure of the documents under the GIPA Act, as the Act includes provisions for the disclosure of government information, even if it is subject to copyright. The court further determined that the council's offer of digital access complied with the Act, as it provided the plaintiff with reasonable access to the information. Consequently, the court affirmed the council's decision, rejecting the plaintiff's application for access to physical copies of the documents.