Lesslie v Lithgow City Council [2023] NSWCATAD 306

Lesslie v Lithgow City Council [2023] NSWCATAD 306

The Tribunal found that the majority of the information sought comprised personal information of a third party and that the public interest considerations against disclosure (protecting personal information) outweighed those in favour (accountability and transparency). Thus, most of the information was lawfully withheld for overriding public interest reasons. Limited non-personal information (header fields of a key email and certain procedural emails) was ordered to be disclosed.

Parties
Applicant: Arthur Lesslie; Respondent: Lithgow City Council
Jurisdiction
Australia
Judgment Date
05 December 2023
Procedural Posture
Administrative Review / Final Determination
Outcome
The reviewable decision is affirmed, subject to a variation allowing partial access to non-personal information.
Legal Topics
Public Interest Test, Government Information, Personal Information, Overriding Public Interest Against Disclosure
Administrative Law Information Access Privacy Public Interest Test Government Information Personal Information Overriding Public Interest Against Disclosure

Case Brief

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Parties

Arthur Lesslie

Applicant

Lithgow City Council

Respondent

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 Whether there is an overriding public interest against disclosure of government information under the GIPA Act
  2. 2 Whether the information sought comprises personal information and is protected from disclosure
  3. 3 Appropriate application of the public interest test as required by the GIPA Act

Ratio Decidendi

The Tribunal found that the majority of the information sought comprised personal information of a third party and that the public interest considerations against disclosure (protecting personal information) outweighed those in favour (accountability and transparency). Thus, most of the information was lawfully withheld for overriding public interest reasons. Limited non-personal information (header fields of a key email and certain procedural emails) was ordered to be disclosed.

Court Disposition

The reviewable decision is affirmed, subject to a variation allowing partial access to non-personal information.

Orders

  • Applicant to be granted access to the following information: (1) Email from Trinity Newton dated 18 May 2023 regarding the filing of the resignation in the secure database; (2) Email from Craig Butler to Trinity Newton dated 18 May 2023 instructing placement of the resignation into the ECM database; (3) In relation...
  • Otherwise, the decision under review is affirmed.