Griffin v Sydney Trains [2020] NSWCATAD 234

Griffin v Sydney Trains [2020] NSWCATAD 234

The Tribunal found that disclosure of the OWDs could reasonably be expected to prejudice Sydney Trains' systems or procedures for protecting the safety of persons working on or maintaining the relevant rail network and could reasonably be expected to facilitate a criminal act by assisting targeted unauthorised switching of power. Those considerations under clauses 2(d) and 2(f) of the s14 GIPA Act Table were given very great weight and, together with the unconditional nature of GIPA disclosure, outweighed the public interest in transparency and scrutiny. The deemed refusal was therefore the correct and preferable decision.

Jurisdiction
Australia
Judgment Date
22 September 2020
Procedural Posture
Administrative Review of a Deemed Decision Under the Government Information (public Access) Act 2009 Concerning Access to Government Information / Review by the Civil and Administrative Tribunal of the Respondent's Deemed Refusal to Deal With the Access Application After an IPC Recommendation
Outcome
The deemed decision of the Respondent under review was affirmed as the correct and preferable decision.
Legal Topics
['government Information (public Access) Act 2009' 'public Interest Considerations for and Against Disclosure' 'rail Network Safety and Security Information' 'deemed Refusal to Deal With Access Application' 'publication and Disclosure Restriction Orders']
['administrative Law' 'government Information Access'] ['government Information (public Access) Act 2009' 'public Interest Considerations for and Against Disclosure' 'rail Network Safety and Security Information' 'deemed Refusal to Deal With Access Application' 'publication and Disclosure Restriction Orders']

Case Brief

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Procedural Posture

Administrative Review of a Deemed Decision Under the Government Information (public Access) Act 2009 Concerning Access to Government Information / Review by the Civil and Administrative Tribunal of the Respondent's Deemed Refusal to Deal With the Access Application After an IPC Recommendation

Legal Issues

  1. 1 ['Whether disclosure of the overhead wiring sectioning diagrams could reasonably be expected to endanger or prejudice any system or procedure for protecting the life, health or safety of any person under clause 2(d) of the s14 GIPA Act Table.' 'Whether disclosure of the overhead wiring sectioning diagrams could reasonably be expected to endanger the security of or prejudice any system or procedure for protecting any place, property or vehicle under clause 2(e) of the s14 GIPA Act Table.' 'Whether disclosure of the overhead wiring sectioning diagrams could reasonably be expected to facilitate the commission of a criminal act under clause 2(f) of the s14 GIPA Act Table.' 'Whether the public interest considerations against disclosure outweighed the public interest considerations in favour of disclosure.']

Ratio Decidendi

The Tribunal found that disclosure of the OWDs could reasonably be expected to prejudice Sydney Trains' systems or procedures for protecting the safety of persons working on or maintaining the relevant rail network and could reasonably be expected to facilitate a criminal act by assisting targeted unauthorised switching of power. Those considerations under clauses 2(d) and 2(f) of the s14 GIPA Act Table were given very great weight and, together with the unconditional nature of GIPA disclosure, outweighed the public interest in transparency and scrutiny. The deemed refusal was therefore the correct and preferable decision.

Court Disposition

The deemed decision of the Respondent under review was affirmed as the correct and preferable decision.

Orders

  • ['The deemed decision of the Respondent under review is affirmed as the correct and preferable decision.' 'Pursuant to ss64(1) (c) and (d) Civil & Administrative Tribunal Act 2013, publication of confidential evidence given to the Tribunal and of the contents of the confidential document submitted to the Tribunal is...