Davies v Department of Enterprise Investment and Trade [2023] NSWCATAD 72

Davies v Department of Enterprise Investment and Trade [2023] NSWCATAD 72

The Tribunal found that the respondents had established reasonable grounds for their claim that Documents 1-4 were prepared for the dominant purpose of Cabinet consideration, and thus are Cabinet information under the GIPA Act, Sch 1, cl 2(1). Consequently, a conclusive presumption of overriding public interest against disclosure arises, and the Tribunal affirmed the agency's refusal of access based on the Cabinet information exemption.

Parties
Applicant: Anne Davies; First Respondent: Department of Enterprise Investment and Trade; Second Respondent: Premier of New South Wales
Jurisdiction
Australia
Judgment Date
27 March 2023
Procedural Posture
Administrative Review / Interlocutory Decision on Cabinet Information Contention; Further Matters Outstanding
Outcome
Agency decision affirmed; application for access refused as to Cabinet information issue; further issues outstanding
Legal Topics
Government Information (public Access), Cabinet Information, Public Interest Immunity
Administrative Law Access to Information Government Information (public Access) Cabinet Information Public Interest Immunity

Case Brief

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Parties

Anne Davies

Applicant

Department of Enterprise Investment and Trade

First Respondent

Premier of New South Wales

Second Respondent

Procedural Posture

Administrative Review / Interlocutory Decision on Cabinet Information Contention; Further Matters Outstanding

Legal Issues

  1. 1 Whether there are reasonable grounds for the claim that documents contain Cabinet information under the GIPA Act Schedule 1

Ratio Decidendi

The Tribunal found that the respondents had established reasonable grounds for their claim that Documents 1-4 were prepared for the dominant purpose of Cabinet consideration, and thus are Cabinet information under the GIPA Act, Sch 1, cl 2(1). Consequently, a conclusive presumption of overriding public interest against disclosure arises, and the Tribunal affirmed the agency's refusal of access based on the Cabinet information exemption.

Court Disposition

Agency decision affirmed; application for access refused as to Cabinet information issue; further issues outstanding

Orders

  • The decision of 9 August 2022 concerning Documents 1, 2, 3 and 4 is affirmed.
  • List the matter for directions on 18 April 2023 to set a timetable for further evidence, submissions and a hearing date to determine all outstanding issues.