Wavelength Group Pty Ltd v Upper Hunter Shire Council

Wavelength Group Pty Ltd sought access to a geotechnical report prepared by Upper Hunter Shire Council. The Council refused the request on the basis that disclosure would be contrary to the public interest. Wavelength Group sought judicial review of the Council's decision. The Federal Court was tasked with determining whether the Council's decision was legally sound, focusing on the public interest considerations that weighed for and against disclosure.

The court examined whether the public interest in disclosure outweighed the public interest against disclosure. It assessed the potential benefits to the applicant and the public against the potential harm to the Council's operations and public interest considerations that favoured non-disclosure. The court held that the Council had not adequately demonstrated that the public interest against disclosure was sufficiently compelling to justify withholding the report. The applicant's need for the report was deemed significant, and the potential for harm to the Council or the public was minimal.

As a result, the Federal Court found that the Council's decision to refuse access was not supported by the law. The court set aside the Council's decision and ordered that Wavelength Group be provided with access to the geotechnical report within 28 days of the date of the reasons. The court emphasised that public interest considerations must be balanced carefully, and in this instance, the public interest favoured disclosure.