Goodwin v NSW Treasury [2021] NSWCATAD 176

Goodwin v NSW Treasury [2021] NSWCATAD 176

The Tribunal determined that, although the remuneration figure is personal information and disclosure may prejudice the individual's interests and the agency's negotiating ability, these considerations are outweighed by the strong public interest in accountability, transparency, and scrutiny of expenditure of public funds, particularly for senior executives. Therefore, the information should be provided to the applicant.

Parties
Applicant: Alison Goodwin; Respondent: NSW Treasury
Jurisdiction
Australia
Judgment Date
22 June 2021
Procedural Posture
Administrative Review / Merits Review Before Administrative and Equal Opportunity Division
Outcome
The decision under review is set aside and substituted with a decision providing access to the information sought by the applicant within 28 days.
Legal Topics
Access to Government Information, Personal Information, Remuneration Disclosure, Public Interest Test
Administrative Law Freedom of Information Equal Opportunity Access to Government Information Personal Information Remuneration Disclosure Public Interest Test

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Parties

Alison Goodwin

Applicant

NSW Treasury

Respondent

Procedural Posture

Administrative Review / Merits Review Before Administrative and Equal Opportunity Division

Legal Issues

  1. 1 Whether disclosure of total remuneration package (TRP) of senior executives is required under the GIPA Act
  2. 2 Whether there is an overriding public interest against disclosure of the information sought
  3. 3 Whether the TRP constitutes personal information

Ratio Decidendi

The Tribunal determined that, although the remuneration figure is personal information and disclosure may prejudice the individual's interests and the agency's negotiating ability, these considerations are outweighed by the strong public interest in accountability, transparency, and scrutiny of expenditure of public funds, particularly for senior executives. Therefore, the information should be provided to the applicant.

Court Disposition

The decision under review is set aside and substituted with a decision providing access to the information sought by the applicant within 28 days.

Orders

  • The decision under review is set aside and in substitution a decision is made providing access to the information sought by the applicant within 28 days of the date of publication of these reasons.