Taylor v Destination NSW [2017] NSWCATAD 272

Taylor v Destination NSW [2017] NSWCATAD 272

The correct and preferable decision was to set aside the reviewable decision and remit the matter because the Respondent had not complied with the requirements for relying on s60, had in substance dealt with the application under s58(1)(d), had not adequately shown unreasonable and substantial diversion of resources, had failed to consult relevant third parties, had applied the public interest test to categories of documents rather than to the particular information, and had not discharged its onus of proving that overriding public interest considerations justified refusal of access.

Jurisdiction
Australia
Judgment Date
12 September 2017
Procedural Posture
Administrative Review of Decision Refusing Access to Government Information Under the Government Information (public Access) Act 2009 / Principal Judgment
Outcome
Reviewable decision set aside and matter remitted under s65 of the Administrative Decisions Review Act 1997 for reconsideration.
Legal Topics
['gipa Access Application' 'public Interest Test' 'refusal of Access' 'unreasonable and Substantial Diversion of Resources' 'third Party Consultation' 'confidential and Commercially Sensitive Information']
['administrative Law' 'freedom of Information'] ['gipa Access Application' 'public Interest Test' 'refusal of Access' 'unreasonable and Substantial Diversion of Resources' 'third Party Consultation' 'confidential and Commercially Sensitive Information']

Case Brief

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Procedural Posture

Administrative Review of Decision Refusing Access to Government Information Under the Government Information (public Access) Act 2009 / Principal Judgment

Legal Issues

  1. 1 ['Whether the Respondent could rely on s60 of the Government Information (Public Access) Act 2009 to refuse to deal with the access application on the basis of unreasonable and substantial diversion of resources.' 'Whether the Respondent correctly applied the public interest test under ss13 and 14 of the Government Information (Public Access) Act 2009 to the information sought.' 'Whether the Respondent discharged its onus of establishing that the reviewable decision was the correct and preferable decision.' 'Whether the Respondent failed to consult relevant third parties under s54 of the Government Information (Public Access) Act 2009 before refusing access on confidentiality and commercial sensitivity grounds.']

Ratio Decidendi

The correct and preferable decision was to set aside the reviewable decision and remit the matter because the Respondent had not complied with the requirements for relying on s60, had in substance dealt with the application under s58(1)(d), had not adequately shown unreasonable and substantial diversion of resources, had failed to consult relevant third parties, had applied the public interest test to categories of documents rather than to the particular information, and had not discharged its onus of proving that overriding public interest considerations justified refusal of access.

Court Disposition

Reviewable decision set aside and matter remitted under s65 of the Administrative Decisions Review Act 1997 for reconsideration.

Orders

  • ['Within 7 days, the Respondent is to confirm with the Applicant and Tribunal that the 79 documents produced confidentially to the Tribunal comprise all available information sought by the access application. If this cannot be confirmed, the Respondent is to provide the Tribunal with a copy of any additional...