CITATION: Watt v Forests NSW [2007] NSWADT 197 DIVISION: General Division PARTIES: APPLICANT
Gerry Watt
RESPONDENT
Forests NSWFILE NUMBER: 063292 HEARING DATES: 23 February 2007 SUBMISSIONS CLOSED: 4 April 2007
DATE OF DECISION:
29 August 2007BEFORE: Montgomery S - Judicial Member CATCHWORDS: access to documents - business affairs - access to documents - confidential material - Freedom of Information Act - access to documents - business affairs - Freedom of Information Act - access to documents - confidential material MATTER FOR DECISION: Principal matter LEGISLATION CITED: Administrative Decisions Tribunal Act 1997
Forestry Act 1916
Freedom of Information Act 1982 (Cth)
Freedom of Information Act 1989CASES CITED: Attorney-General's Department v Cockroft (1986) 64 ALR 97.
C H Real Estate Ply Ltd (t/a Raine and Horne Commercial Penrith) v Penrith City Council [2005] NSWADT 147
Colakovski v Australian Telecommunications Corporation (1991) 100 ALR 111
Corrs Pavey Whiting & Byrne v Collector of Customs (1987) 14 FCR 434
Fomiatti v University of Western Sydney (No 2) [2006] NSWADT 210
Freeland v General Manager, Liverpool City Council [1999] NSWADT 95
Gales Holdings Pty Ltd v Tweed Shire Council [2005] NSWADT 168
General Manager, WorkCover Authority of NSW v Law Society of NSW [2006] NSWCA 84
Leichhardt Municipal Council v Roads and Traffic Authority [2005] NSWADT 37
Mangoplah Pastoral Co Ply Ltd v Great Southern Energy [1999] NSW ADT 93
Neary v State Rail Authority [1999] NSWADT 107 at 42.
P v Greater Western Area Health Service [2007] NSWADT 87
Public Service Association and Professional Officers Association, Amalgamated Union of NSW v Director General, Premier's Department [2002] NSWADT 277
Re B and Brisbane North Regional Health Authority (1993) 1 QAR 279
Re Cannon and Australian Quality Egg Farms Limited (1994) 1 QAR 491
Robinson v Director General, Department of Health [2002] NSWADT 222
Taylor v WorkCover Authority [2003] NSWADT 186
University of New South Wales v Gerard Michael McQuirk [2006] NSWSC 1362
Wittingslow Amusements Group v Environmental Protection Agency (NSWSC 23 April 1993)
Wyatt Co (NZ) Ltd v Queenstown – Lakes District Council [1991] 2 NZLR 180
Zagami v Waste Service NSW [2005] NSWADT 217REPRESENTATION: APPLICANT
RESPONDENT
J Svenson, solicitor
D Giles, solicitorORDERS: The decision under review is set aside. In its place the decision is made that the documents containing the unit price of pulp supplied by Forests NSW from the areas included in the Eden NSW Forest Agreement and the Southern NSW Regional Forest Agreement are to be released in full within 28 days.
1 The Applicant applied to Forests NSW (‘FNSW’) under the Freedom of Information Act 1989 (‘the FOI Act’) for access to information as follows:
- ‘1) The volume (gross and net) in cubic metres of logs sold, in each year from 1995 till the present (inclusive), for each log grade by each NSW native forest management area.
2) The definition of Log Grades.
3) The royalty rate in dollars per metre cubed for each log grade in each NSW native forest management area for…
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Details
- AGLC
- Watt v Forests NSW [2007] NSWADT 197
- Case
- [2007] NSWADT 197
- Decision Date
CaseChat Overview and Summary
Forests NSW sought review of a decision by the Information and Privacy Commission of NSW (Commission) that certain documents be released under the Freedom of Information Act. Watt, a former employee of Forests NSW, made a request under the Act for certain documents relating to pulp supply prices. Forests NSW refused the request on the basis that the information was commercially sensitive. The Commission determined that the documents should be released, in part, subject to redaction of commercially sensitive information. Forests NSW sought a review of the Commission's decision.
The court was required to determine whether the Commission was correct in its determination that the documents should be released, subject to redaction. Forests NSW submitted that the Commission failed to give proper consideration to the confidential nature of the information and the commercial harm that would result from its disclosure. Watt submitted that the documents were public documents and that the information sought was not commercially sensitive.
The court found that the Commission did not err in its determination. The Commission was required to weigh the public interest in disclosure against the private interest in non-disclosure. The court found that the Commission gave proper consideration to the confidential nature of the information and the commercial harm that would result from its disclosure. The court found that the Commission was correct to determine that the documents should be released, subject to redaction of commercially sensitive information.
The decision under review is set aside. In its place the decision is made that the documents containing the unit price of pulp supplied by Forests NSW from the areas included in the Eden NSW Forest Agreement and the Southern NSW Regional Forest Agreement are to be released in full within 28 days.
The court was required to determine whether the Commission was correct in its determination that the documents should be released, subject to redaction. Forests NSW submitted that the Commission failed to give proper consideration to the confidential nature of the information and the commercial harm that would result from its disclosure. Watt submitted that the documents were public documents and that the information sought was not commercially sensitive.
The court found that the Commission did not err in its determination. The Commission was required to weigh the public interest in disclosure against the private interest in non-disclosure. The court found that the Commission gave proper consideration to the confidential nature of the information and the commercial harm that would result from its disclosure. The court found that the Commission was correct to determine that the documents should be released, subject to redaction of commercially sensitive information.
The decision under review is set aside. In its place the decision is made that the documents containing the unit price of pulp supplied by Forests NSW from the areas included in the Eden NSW Forest Agreement and the Southern NSW Regional Forest Agreement are to be released in full within 28 days.
Orders
Orders of the court
The decision under review is set aside. In its place the decision is made that the documents containing the unit price of pulp supplied by Forests NSW from the areas included in the Eden NSW Forest Agreement and the Southern NSW Regional Forest Agreement are to be released in full within 28 days.
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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