Christopher v Independent Commission Against Corruption [2021] NSWCATAD 256

Christopher v Independent Commission Against Corruption [2021] NSWCATAD 256

Access applications seeking information that directly relates to ICAC's corruption prevention, complaint handling, investigative and reporting functions are invalid and must be refused as excluded information, and there is a conclusive presumption against disclosure. For other categories, while not all information about legislative changes is excluded information, documents held by ICAC responding to several application categories were found to constitute excluded information, justifying refusal. Requests for media-related documents require reconsideration by ICAC.

Parties
Applicant: Andrew Christopher; Respondent: Independent Commission Against Corruption; Non Party Participant: Information Commissioner
Jurisdiction
Australia
Judgment Date
02 September 2021
Procedural Posture
Administrative Review / Judgment on Merits
Outcome
Part-affirmed, part-set aside, part-remitted
Legal Topics
Excluded Information, Public Interest Test, Access Applications, Jurisdiction of Tribunal
Administrative Law Access to Government Information Excluded Information Public Interest Test Access Applications Jurisdiction of Tribunal

Case Brief

Summary, issues, holding and outcome

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Parties

Andrew Christopher

Applicant

Independent Commission Against Corruption

Respondent

Information Commissioner

Non Party Participant

Procedural Posture

Administrative Review / Judgment on Merits

Legal Issues

  1. 1 Whether the applicant's access application sought 'excluded information' under the Government Information (Public Access) Act 2009 (NSW)
  2. 2 Whether there was a conclusive presumption of overriding public interest against disclosure
  3. 3 Whether the respondent's decision to refuse access was correct and preferable

Ratio Decidendi

Access applications seeking information that directly relates to ICAC's corruption prevention, complaint handling, investigative and reporting functions are invalid and must be refused as excluded information, and there is a conclusive presumption against disclosure. For other categories, while not all information about legislative changes is excluded information, documents held by ICAC responding to several application categories were found to constitute excluded information, justifying refusal. Requests for media-related documents require reconsideration by ICAC.

Court Disposition

Part-affirmed, part-set aside, part-remitted

Orders

  • The decision of the respondent regarding categories (10), (11), (13), (14) and (15) is affirmed.
  • The respondent's decision is otherwise set aside. Access to information responsive to categories (1)-(5) and (7)-(9) is refused as there is an overriding public interest against disclosure.