Webb v Port Stephens Council

[2022] NSWCATAD 404

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Webb v Port Stephens Council [2022] NSWCATAD 404

Hearing dates:

31 October 2022

Date of orders:

20 December 2022

Decision date:

20 December 2022

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

J Levine, Senior Member

Decision:

(1) The Decision under review is affirmed.

(2) Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of the material filed by the Respondent on a confidential basis is prohibited. That material is not to be released to the Applicant or the public.

Catchwords:

ADMINISTRATIVE LAW – access to government information – interested party – request for access to portions of documents – whether disclosure would reveal personal information – whether disclosure would undermine competitive neutrality of an agency or place it at a disadvantage in any market – whether disclosure would diminish competitive commercial value of information – whether disclosure would prejudice a person’s legitimate business, commercial, professional or financial interests – whether form of access requested would involve an infringement of copyright

Legislation Cited:

Administrative Decisions Review Act 1997 (NSW)

Civil and Administrative Tribunal Act 2013 (NSW)

Copyright Act 1968 (Cth)

Government Information (Public Access) Act 2009 (NSW)

Legal Profession Uniform Law Application Act 2014 (NSW)

Cases Cited:

Amos v Central Coast Council [2018] NSWCATAD 101

CH Real Estate Pty Limited (t/a Raine & Horne Commercial, Penrith) v Penrith City Council [2005] NSWADT 147

Commissioner of Police, NSW Police Force v Camilleri [2012] NSWADTAP 19

Elf Farm Supplies Pty Ltd v Department of Planning and Environment [2018] NSWCATAD 277

Fisher v Goulburn Mulwaree Council [2019] NSWCATAD 34

Hurst v Wagga Wagga City Council [2011] NSWADT 307

Leech v Sydney Water Corporation [2010] NSWADT 298

McKinnon v Blacktown City Council [2012] NSWADT 44

Sandy v Kiama Municipal Council [2019] NSWCATAD 49

Transport for NSW v Searle [2018] NSWCATAP 93

YG and GG v Minister for Community Services [2002] NSWCA 247

Texts Cited:

Information and Privacy Commission New South Wales, “Fact Sheet – The GIPA Act and Copyright” (2019)

Category:

Principal judgment

Parties:

Telina Webb (Applicant)
Port Stephens Council (Respondent)
Also heard:
Crown Solicitor (see s104(1), Government Information (Public Access) Act 2009)

Representation:

Applicant (Self Represented)
Lindsay Taylor Lawyers (Respondent)
Crown Solicitor (Self Represented)

File Number(s):

2022/00138219

Publication restriction:

Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of the material filed by the Respondent on a confidential basis is prohibited. That material is not to be released to either the Applicant or the public.

REASONS FOR DECISION

Introduction

1. Ms Telina Webb (“Applicant”) has applied to the New South Wales Civil and Appeals Tribunal (“Tribunal” or “NCAT”) for administrative review of a decision made on 6 January 2022 (“Decision”) by the Port Stephens Council (“Council” or “Respondent”) under the Government Information (Public Access) Act 2009 (“GIPA Act”) refusing her access to some of the information she had requested on 17 November 2021 (“Access Application”).

2. The Access Application was for six categories of…