Kelly v Department of Education [2021] NSWCATAD 2

Kelly v Department of Education [2021] NSWCATAD 2

Having considered the withheld information provided confidentially, the Tribunal was satisfied that the Respondent had categorised it correctly and that it was subject to a conclusive presumption under Schedule 1 to the Government Information (Public Access) Act 2009. The information therefore must not be disclosed under section 126(1)(e), and the decisions refusing access in applications 2020/188126 and 2020/188346 were the correct and preferable decisions.

Jurisdiction
Australia
Judgment Date
06 January 2021
Procedural Posture
Administrative Review of Access Decisions Under the Government Information (public Access) Act 2009 / Determined on the Papers
Outcome
The decisions under review in applications 2020/188126 and 2020/188346 are affirmed.
Legal Topics
['conclusive Presumption Against Disclosure' 'refusal of Access' 'overriding Public Interest Against Disclosure' 'correct and Preferable Decision']
['administrative Law' 'access to Information'] ['conclusive Presumption Against Disclosure' 'refusal of Access' 'overriding Public Interest Against Disclosure' 'correct and Preferable Decision']

Case Brief

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Procedural Posture

Administrative Review of Access Decisions Under the Government Information (public Access) Act 2009 / Determined on the Papers

Legal Issues

  1. 1 ['Whether the decision to refuse to provide the Applicants access to information identified by the Respondent as subject to a conclusive presumption under Schedule 1 to the Government Information (Public Access) Act 2009 was the correct and preferable decision.']

Ratio Decidendi

Having considered the withheld information provided confidentially, the Tribunal was satisfied that the Respondent had categorised it correctly and that it was subject to a conclusive presumption under Schedule 1 to the Government Information (Public Access) Act 2009. The information therefore must not be disclosed under section 126(1)(e), and the decisions refusing access in applications 2020/188126 and 2020/188346 were the correct and preferable decisions.

Court Disposition

The decisions under review in applications 2020/188126 and 2020/188346 are affirmed.

Orders

  • ['The decisions under review in applications 2020/188126 and 2020/188346 are affirmed.']