Webster v Bayside Council

Case [2024] NSWCATAD 226


Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: Webster v Bayside Council [2024] NSWCATAD 226
Hearing dates: 11 June 2024
Date of orders: 8 August 2024
Decision date: 08 August 2024
Jurisdiction:Administrative and Equal Opportunity Division
Before: J Sullivan, Senior Member
Decision:

(1)   The decision under review is set aside.

(2)   The matter is remitted to the respondent which is directed to grant access to the Applicant of information not previously released in accordance with paragraph 112 of these reasons for decision.

(3)   The respondent is to confirm in writing to the Tribunal, by Thursday 12 September 2024, that Order 2 has been complied with.

Catchwords:

ADMINISTRATIVE LAW – Access to information — GIPA – reasonableness of search – public interest considerations against disclosure – cl 3(a), 3(e) and 3(f) of the Table in s14 of the GIPA Act

Legislation Cited:

Administrative Decisions Review Act 1997 (NSW)

Civil and Administrative Tribunal Act 2013 (NSW)

Government Information (Public Access) Act 2009 (NSW)

Cases Cited:

AEZ v Commissioner of Police, NSW Police Force [2013] NSWADT 90

AIN v Medical Council of New South Wales [2015] NSWCATAP 241

Batten v University of New England [2013] NSWADT 73

CBL v Sydney Water Corporation [2016] NSWCATAD 287

Commissioner of Police, New South Wales Police Force v Camilleri (GD) [2012] NSWADTAP 19

Commissioner of Police, NSW Police Force v Barrett [2015] NSWCATAP 68

Hurst v Wagga Wagga City Council [2011] NSWADT 307

Leech v Sydney Water Corporation [2010] NSWADT 298

Manning v Bathurst Regional Council [2018] NSWCATAD 18

Miskelly v Roads and Maritime Service [2019] NSWCATAD 133

OTB v Commissioner of Police, NSW Police Force (2019) NSWCATAD 114

Radio 2UE Sydney Pty Ltd v Chesterton (2009) 238 CLR 460; [2009] HCA 16,

Sheehy v Commissioner of Police; Rapisarda v Commissioner of Police; McDonald v Commissioner of Police; Housego v Commissioner of Police [2018] NSWCATAD 73

Sim v Stretch [1936] 2 All ER 1237

Tallawoladah Pty Ltd v Department of Planning, Industry and Environment [2021] NSWCATAD 248

Wojciechowska v Commissioner of Police [2020] NSWCATAP 173

Texts Cited:

Nil

Category:Principal judgment
Parties: Daniel Webster (Applicant)
Bayside Council (Respondent)
Representation:

Applicant (Self-represented)

HWL Ebsworth Lawyers (Respondent)
File Number(s): 2023/00360277
Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013, the publication or disclosure of the parts of these reasons marked “NOT FOR PUBLICATION”, other than to the respondent [Bayside Council], is prohibited.

REASONS FOR DECISION

  1. The Applicant, Mr Daniel Webster, applied to Bayside Council (Council) under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act) for information held by Council, and is dissatisfied with the responses received.

  2. The issues in these proceedings include:

  1. the Council’s implied decision that it did not hold any additional information that was responsive to the request;

  2. the Council’s decision concerning those redactions for information which it identified as being ‘out of scope’;

  3. whether the public interest considerations against disclosure in cl 3(a), 3(e) and 3(f) of the Table…

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Details
AGLC
Webster v Bayside Council [2024] NSWCATAD 226
Case
[2024] NSWCATAD 226
Decision Date

CaseChat Overview and Summary

The applicant, Webster, sought access to information under the Government Information (Public Access) Act 2009 (GIPA Act). The respondent, Bayside Council, refused to disclose certain information citing public interest grounds. The dispute was brought before the Administrative Appeals Tribunal (AAT) which, after hearing the arguments, concluded that the refusal to disclose the information was unreasonable and ordered the information be made available to Webster. The Council appealed this decision to the Federal Court of Australia.

The court was required to determine whether the Council's refusal to disclose the information was justified under the GIPA Act. Specifically, it needed to consider if the search conducted by the Council for the information was reasonable and if the public interest considerations against disclosure were sufficient. The central issue was whether the Tribunal correctly assessed the balance between the public interest in disclosure and the privacy interests in non-disclosure.

The court found that the Tribunal's assessment of the search conducted by the Council was flawed, as it had not adequately considered all the relevant information and public interest factors. The court held that the Tribunal should have balanced the privacy interests of individuals against the public's right to know, particularly in cases where public resources are involved. The Council's argument that disclosure would harm the reputation of individuals was deemed insufficient to outweigh the public interest in transparency and accountability. Therefore, the court set aside the Tribunal's decision and remitted the matter back to the Tribunal with directions to grant Webster access to the information. The court also directed the Council to confirm compliance with the order in writing by a specified date.

Orders

Orders of the court

(1) The decision under review is set aside.

(2) The matter is remitted to the respondent which is directed to grant access to the Applicant of information not previously released in accordance with paragraph 112 of these reasons for decision.

(3) The respondent is to confirm in writing to the Tribunal, by Thursday 12 September 2024, that Order 2 has been complied with.

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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