Warren v NSW Trustee and Guardian [2013] NSWADT 178

Warren v NSW Trustee and Guardian [2013] NSWADT 178

The respondent's approach was partly misconceived because it treated public interest considerations against disclosure as directly controlling the form of access after deciding to grant access. Section 72 is directed to how access is provided, and the public interest assessment must be undertaken by reference to particular information under ss 58 and 13. Applying that assessment, there was no basis to refuse access to Section 1 and 4.2 of the Report and Attachments 1 to 4; the applicant should receive access to personal information about him or Ms Minns and information provided in confidence by either of them; but remaining confidential staff information and personal information about...

Jurisdiction
Australia
Judgment Date
07 August 2013
Procedural Posture
Application for Review of a Government Information Access Decision Under the Government Information (public Access) Act 2009 / Review in the General Division of the Administrative Decisions Tribunal of the Respondent's Reconsideration Decision After Remittal Under S 65 of the Administrative Decisions Tribunal Act 1997
Outcome
Decision set aside and remitted for reconsideration in accordance with the Tribunal's findings.
Legal Topics
['form of Access to Government Information' 'overriding Public Interest Against Disclosure' 'confidential Workplace Review Information' 'personal Information' 'procedural Fairness in Disciplinary Proceedings']
['administrative Law' 'government Information Access' 'privacy and Confidentiality' 'public Sector Employment'] ['form of Access to Government Information' 'overriding Public Interest Against Disclosure' 'confidential Workplace Review Information' 'personal Information' 'procedural Fairness in Disciplinary Proceedings']

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Procedural Posture

Application for Review of a Government Information Access Decision Under the Government Information (public Access) Act 2009 / Review in the General Division of the Administrative Decisions Tribunal of the Respondent's Reconsideration Decision After Remittal Under S 65 of the Administrative Decisions Tribunal Act 1997

Legal Issues

  1. 1 ["Whether the respondent's decision to allow inspection of the Workplace Review report but refuse a copy was the correct and preferred decision." 'Whether para 72(2)(a) and para 72(2)(d) of the Government Information (Public Access) Act 2009 permitted refusal of the form of access requested by reference to public interest considerations against disclosure.' 'Whether access to information in the confidential memorandum should be refused because there was an overriding public interest against disclosure.' 'Whether public interest considerations against disclosure applied to confidential staff information, personal information, review methods, unsubstantiated allegations, or alleged risks of serious harassment or intimidation.']

Ratio Decidendi

The respondent's approach was partly misconceived because it treated public interest considerations against disclosure as directly controlling the form of access after deciding to grant access. Section 72 is directed to how access is provided, and the public interest assessment must be undertaken by reference to particular information under ss 58 and 13. Applying that assessment, there was no basis to refuse access to Section 1 and 4.2 of the Report and Attachments 1 to 4; the applicant should receive access to personal information about him or Ms Minns and information provided in confidence by either of them; but remaining confidential staff information and personal information about...

Court Disposition

Decision set aside and remitted for reconsideration in accordance with the Tribunal's findings.

Orders

  • ['Pursuant to para 63(3)(d) of the Administrative Decisions Tribunal Act 1997, the decision of the respondent is set aside and remitted for reconsideration in accordance with the findings in these reasons for decision.']