Cooper v NSW Ministry of Health [2018] NSWCATAD 37

Cooper v NSW Ministry of Health [2018] NSWCATAD 37

There were reasonable grounds for finding that the majority of the disputed documents were Cabinet Information under the GIPA Act as supported by the evidence; where reasonable grounds were not found for specific documents, those documents were to be supplied to the Tribunal for further consideration.

Parties
Applicant: Bruce Andrew Cooper; First Respondent: NSW Ministry of Health; Second Respondent: Premier of NSW
Jurisdiction
Australia
Judgment Date
14 February 2018
Procedural Posture
Administrative Review / Interlocutory Application/orders on Access to Documents
Outcome
Affirmed in part; further consideration ordered for certain documents
Legal Topics
Government Information Access, Cabinet Information, Public Interest Test, Freedom of Information
Administrative Law Information Law Government Information Access Cabinet Information Public Interest Test Freedom of Information

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Parties

Bruce Andrew Cooper

Applicant

NSW Ministry of Health

First Respondent

Premier of NSW

Second Respondent

Procedural Posture

Administrative Review / Interlocutory Application/orders on Access to Documents

Legal Issues

  1. 1 Whether the documents withheld were properly classified as 'Cabinet Information' under Clause 2, Schedule 1 of the GIPA Act
  2. 2 Whether the respondent had reasonable grounds for refusing access to documents under s106 of the GIPA Act

Ratio Decidendi

There were reasonable grounds for finding that the majority of the disputed documents were Cabinet Information under the GIPA Act as supported by the evidence; where reasonable grounds were not found for specific documents, those documents were to be supplied to the Tribunal for further consideration.

Court Disposition

Affirmed in part; further consideration ordered for certain documents

Orders

  • The Respondent's decision affirming classification of listed documents as 'Cabinet Information' is affirmed.
  • The Respondent is to provide specific documents (19(1)(D), 41, 50(2), 56, 70(1)(c), and a copy of the February 2016 and November 2015 Cabinet Submissions) to the Tribunal within 7 days for further review under s106(2) of the GIPA Act.