Irvine v Temora Shire Council [2022] NSWCATAD 38

Irvine v Temora Shire Council [2022] NSWCATAD 38

Because the Council made a new decision on 11 November 2021 that the overriding public interest favoured disclosure and provided the Applicant with the requested un-redacted document, there was no longer any refusal to provide access and no reviewable decision under Part 5 of the GIPA Act remained alive. The Applicant's other concerns about delay, assistance under s 16, and clause 3(f) were outside the scope of the application.

Jurisdiction
Australia
Judgment Date
02 February 2022
Procedural Posture
Administrative Review of Decision Under the Government Information (public Access) Act 2009 (nsw) Refusing Access to Information / Application Dismissed After the Council Made a New Decision and Provided Access to the Requested Information
Outcome
Application dismissed.
Legal Topics
['government Information Access' 'gipa Act Review' 'reviewable Decisions' 'public Interest Considerations Against Disclosure' 'personal Information']
['administrative Law'] ['government Information Access' 'gipa Act Review' 'reviewable Decisions' 'public Interest Considerations Against Disclosure' 'personal Information']

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Procedural Posture

Administrative Review of Decision Under the Government Information (public Access) Act 2009 (nsw) Refusing Access to Information / Application Dismissed After the Council Made a New Decision and Provided Access to the Requested Information

Legal Issues

  1. 1 ['Whether there remained a reviewable decision under Part 5 of the Government Information (Public Access) Act 2009 (NSW) after the Council made a new decision and provided the requested information.' "Whether the Applicant's complaints about delay, assistance under s 16 of the GIPA Act, and the Council's reliance or reference to clause 3(f) of the Table to s 14 of the GIPA Act were within the scope of the Tribunal application."]

Ratio Decidendi

Because the Council made a new decision on 11 November 2021 that the overriding public interest favoured disclosure and provided the Applicant with the requested un-redacted document, there was no longer any refusal to provide access and no reviewable decision under Part 5 of the GIPA Act remained alive. The Applicant's other concerns about delay, assistance under s 16, and clause 3(f) were outside the scope of the application.

Court Disposition

Application dismissed.

Orders

  • ['The application dated 20 September 2021 for access to information be dismissed.']