Webb v Port Stephens Council

[2020] NSWCATAD 91

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	Webb v Port Stephens Council [2020] NSWCATAD 91
Hearing dates:	4 & 5 October 2018
Date of orders:	24 March 2020
Decision date:	24 March 2020
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	D Dinnen, Senior Member
Decision:	(1)   The Tribunal affirms the Respondent’s reviewable decisions.
Catchwords:	ADMINISTRATIVE LAW – Freedom of information — Access to information – GIPA – LPP – open access information - sufficiency of searches – reasonable basis for belief - reasonableness of searches
Legislation Cited:	Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Government Information (Public Access) Regulation 2009
Cases Cited:	Amos v Central Coast Council [2018] NSWCATAD 101 Beesly v Commissioner of Police, New South Wales Police Service [2002] NSWADT 52 Camilleri v Commissioner of Police NSW Police Force [2012] NSWADT 5 Cianfrano v Director General Department of Commerce and anor (No 2) [2006] NSWADT 195 Hemeon v Commissioner of Police, New South Wales Police Service [2002] NSWADT 201 Hutchinson v Walcha Shire Council [2015] NSWCATAD 132 Miriani v Commissioner of New South Wales Police [2005] NSWADT 187 Public Service Assn v Premier’s Department [2002] NSWADT 277 Saggers v Environment Protection Authority [2014] NSWCATAD 37 Shepherd and Department of Housing, Local Government and Planning [1994] QICmr 7; (1994) 1 QAR 464 Robinson v Commissioner of Police [2014] NSWCATAP 73 Waterford v Commonwealth of Australia [1987] HCA 25; (1987) 163 CLR 54 Webb v Port Stephens Council [2017] NSWCATAD 348 Webb v Port Stephens Council [2018] NSWCATAP 224
Texts Cited:	None cited
Category:	Principal judgment
Parties:	Telina Webb (Applicant) Port Stephens Council (Respondent)
Representation:	Solicitors:   Applicant (Self represented) Lindsay Taylor Lawyers (Respondent)
File Number(s):	2018/00119922 & 2018/00119930
Publication restriction:	Paragraph 42

reasons for decision

Background

1. This decision encompasses the Tribunal’s review of two separate applications made by Telina Webb (the Applicant) regarding determinations made by Port Stephens Council (the Respondent).

2. By application filed 16 April 2018 the Applicant sought review of the Respondent’s determination dated 6 April 2018 under the Government Information (Public Access) Act 2009 (GIPA Act) for the production of documents relating to Development Application 483/2011 and Land and Environment Court proceedings 2012/10678 (Application 119922). The Respondent’s determination identified 9 documents falling within the scope of the application. Of those 9 documents:

1. 2 documents were released to the Applicant in full;

2. 1 document was released to the Applicant in part; and

3. access was refused to the remaining 6 documents on the basis that there was an overriding public interest against disclosure.

3. The Applicant also filed an additional application on 16 April 2018 seeking review of the Respondent’s determination dated 23 February 2018 under the GIPA Act for the production of documents relating to Code of Conduct Reports on four separate current and former employees of the Respondent (Application 119930). The Respondent’s determination identified 79 documents falling within the scope of the application. Of…