Chief Executive, Casino Control Authority; Star City & TABCORP v Preston, Star City & TABCORP (GD) [2003] NSWADTAP 64

Chief Executive, Casino Control Authority; Star City & TABCORP v Preston, Star City & TABCORP (GD) [2003] NSWADTAP 64

Documents to which s 148(7) of the Casino Control Act 1992 applies are wholly excluded from the operation of the Freedom of Information Act 1989, so the FOI Act’s editing procedures cannot be used to release a redacted version, and access must be refused entirely.

Parties
Appellant: Chief Executive, Casino Control Authority; Appellant: Star City Casino Pty Ltd; Appellant: TABCORP Holdings Ltd; Respondent: Alexander Preston
Jurisdiction
Australia
Judgment Date
08 December 2003
Procedural Posture
Appeal / Decision of Appeal Panel Internal Appeal From Administrative Tribunal Order
Outcome
Appeal allowed
Legal Topics
Freedom of Information, Casino Regulation, Statutory Secrecy Provisions
Administrative Law Statutory Interpretation Freedom of Information Casino Regulation Statutory Secrecy Provisions

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Parties

Chief Executive, Casino Control Authority

Appellant

Star City Casino Pty Ltd

Appellant

TABCORP Holdings Ltd

Appellant

Alexander Preston

Respondent

Procedural Posture

Appeal / Decision of Appeal Panel Internal Appeal From Administrative Tribunal Order

Legal Issues

  1. 1 Whether a document coming within s 148(7)(b) of the Casino Control Act 1992 is wholly excluded from the operation of the Freedom of Information Act 1989, or whether access may be granted to an edited version of such a document under s 25(4) of the FOI Act.

Ratio Decidendi

Documents to which s 148(7) of the Casino Control Act 1992 applies are wholly excluded from the operation of the Freedom of Information Act 1989, so the FOI Act’s editing procedures cannot be used to release a redacted version, and access must be refused entirely.

Court Disposition

Appeal allowed

Orders

  • Set aside Order No. 3 in the Tribunal's decision of 11 July 2003.
  • Affirm the decision of the Chief Executive of the Casino Control Authority with respect to Document 13.1.