DDT v Charles Sturt University [2017] NSWCATAD 329

DDT v Charles Sturt University [2017] NSWCATAD 329

The Tribunal affirmed the refusal of access because disclosure of the report could reasonably be expected to prejudice the supply of confidential information to the University and the effective exercise of its functions, reveal E's personal information, contravene s 18 of the Privacy and Personal Information Protection Act 1998, reveal unsubstantiated defamatory allegations about E, and expose E to a risk of serious harassment or serious intimidation. Those public interest considerations against disclosure, particularly in light of the applicant's personal circumstances, outweighed the public interest considerations in favour of disclosure, and practical redaction was not feasible.

Jurisdiction
Australia
Judgment Date
13 November 2017
Procedural Posture
Application for Review Under the Administrative Decisions Review Act 1997 (nsw) of a Decision Refusing Access to Information Under the Government Information Public Access Act 2009 (nsw) / Review Hearing; Principal Judgment
Outcome
The decision under review is affirmed.
Legal Topics
['government Information (public Access)' 'overriding Public Interest Against Disclosure' 'academic Misconduct Investigation Report' 'personal Information' 'information Protection Principles' 'confidential Information Supplied to an Agency' 'risk of Serious Harassment or Serious Intimidation' 'defamatory Unsubstantiated Allegations']
['administrative Law' 'government Information Access' 'privacy' 'education Law'] ['government Information (public Access)' 'overriding Public Interest Against Disclosure' 'academic Misconduct Investigation Report' 'personal Information' 'information Protection Principles' 'confidential Information Supplied to an Agency' 'risk of Serious Harassment or Serious Intimidation' 'defamatory Unsubstantiated Allegations']

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Procedural Posture

Application for Review Under the Administrative Decisions Review Act 1997 (nsw) of a Decision Refusing Access to Information Under the Government Information Public Access Act 2009 (nsw) / Review Hearing; Principal Judgment

Legal Issues

  1. 1 ["Whether there was an overriding public interest against disclosure of the University's report into allegations of academic misconduct." "Whether disclosure could reasonably be expected to prejudice the supply of confidential information to the University or prejudice the effective exercise of the University's functions." "Whether disclosure could reasonably be expected to reveal E's personal information and contravene an information protection principle under the Privacy and Personal Information Protection Act 1998." 'Whether disclosure could reasonably be expected to reveal unsubstantiated defamatory allegations about E.' 'Whether disclosure could reasonably be expected to expose E to a risk of serious harassment or serious intimidation.' 'Whether a redacted version of the report could practically be released.']

Ratio Decidendi

The Tribunal affirmed the refusal of access because disclosure of the report could reasonably be expected to prejudice the supply of confidential information to the University and the effective exercise of its functions, reveal E's personal information, contravene s 18 of the Privacy and Personal Information Protection Act 1998, reveal unsubstantiated defamatory allegations about E, and expose E to a risk of serious harassment or serious intimidation. Those public interest considerations against disclosure, particularly in light of the applicant's personal circumstances, outweighed the public interest considerations in favour of disclosure, and practical redaction was not feasible.

Court Disposition

The decision under review is affirmed.

Orders

  • ['The decision under review is affirmed']