Kitson v Manly Council [2015] NSWCATAD 102

Kitson v Manly Council [2015] NSWCATAD 102

Council does not hold the requested information in the aggregated or compiled form sought; fulfilling the request would require the creation of new information or records, which is not required under s75(2) of the Government Information (Public Access) Act 2009. Council met its search obligations and is not required to create new information or update existing records.

Parties
Applicant: Bruce Kitson; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
18 May 2015
Procedural Posture
Administrative Review / Final Decision
Outcome
The decision that Council does not hold the information is affirmed.
Legal Topics
Obligation to Provide Information, Government Information (public Access) Act 2009, Creation of New Information, Reasonable Searches by Agency
Administrative Law Access to Information Obligation to Provide Information Government Information (public Access) Act 2009 Creation of New Information Reasonable Searches by Agency

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Parties

Bruce Kitson

Applicant

Manly Council

Respondent

Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 Whether Manly Council holds the information requested under the GIPA Act
  2. 2 Whether the GIPA Act requires Council to create new information or update existing records to comply with the request
  3. 3 Whether resources reasonably available were used to search for electronically stored information

Ratio Decidendi

Council does not hold the requested information in the aggregated or compiled form sought; fulfilling the request would require the creation of new information or records, which is not required under s75(2) of the Government Information (Public Access) Act 2009. Council met its search obligations and is not required to create new information or update existing records.

Court Disposition

The decision that Council does not hold the information is affirmed.

Orders

  • The decision that Council does not hold the information is affirmed.