Lees v Commissioner of Police, New South Wales Police Service & Anor [2003] NSWADT 215

Lees v Commissioner of Police, New South Wales Police Service & Anor [2003] NSWADT 215

The agency established that the documents and parts withheld are exempt under Clause 4(1)(b) as their disclosure could reasonably be expected to reveal the identity of a confidential source of information, regardless of whether the information is malicious or vexatious, and there is no public interest override in this provision.

Jurisdiction
Australia
Judgment Date
09 September 2003
Procedural Posture
Application for Review of FOI Decision / Final Decision
Outcome
agency decision affirmed
Legal Topics
['freedom of Information' 'law Enforcement & Public Safety' 'information Access' 'document Exemption']
['administrative Law'] ['freedom of Information' 'law Enforcement & Public Safety' 'information Access' 'document Exemption']

Case Brief

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Procedural Posture

Application for Review of FOI Decision / Final Decision

Legal Issues

  1. 1 ['Whether documents withheld under Cl 4(1)(b) of Schedule 1, Freedom of Information Act 1989 are exempt from disclosure.' 'Whether the identity of a confidential source can be disclosed, particularly if information supplied is malicious or vexatious.']

Ratio Decidendi

The agency established that the documents and parts withheld are exempt under Clause 4(1)(b) as their disclosure could reasonably be expected to reveal the identity of a confidential source of information, regardless of whether the information is malicious or vexatious, and there is no public interest override in this provision.

Court Disposition

agency decision affirmed

Orders

  • ["The agency's decision is affirmed."]