Watt v Forests NSW

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.