Templeton v Office of Environment & Heritage [2016] NSWCATAD 312

Templeton v Office of Environment & Heritage [2016] NSWCATAD 312

The Office of Environment and Heritage undertook reasonable and sufficient searches for the requested information. The information sought by the Applicant is not held by the Office of Environment and Heritage, but is likely held by the Jenolan Caves Reserve Trust, which is excluded from the agreed scope of the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 October 2016
Procedural Posture
Review of Administrative Decision / Final Determination After Hearing
Outcome
Affirmed
Legal Topics
['government Information Public Access' 'sufficiency of Search' 'information Not Held']
['administrative Law' 'access to Government Information'] ['government Information Public Access' 'sufficiency of Search' 'information Not Held']

Source-derived case record

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Procedural Posture

Review of Administrative Decision / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether the Office of Environment and Heritage conducted sufficient and reasonable searches for the requested information under the Government Information (Public Access) Act 2009' 'Whether the information sought by the Applicant is held by the Office of Environment and Heritage']

Ratio Decidendi

The Office of Environment and Heritage undertook reasonable and sufficient searches for the requested information. The information sought by the Applicant is not held by the Office of Environment and Heritage, but is likely held by the Jenolan Caves Reserve Trust, which is excluded from the agreed scope of the request. The agency's decision is correct and should be affirmed.

Court Disposition

Affirmed

Orders

  • ['The decision that the information sought by the Applicant is not held by the Office of Environment and Heritage is affirmed.']