DNM v NSW Ombudsman [2018] NSWCATAD 186
The Ombudsman's function under s 6B(1)(e) of the Public Interest Disclosures Act is a single function to monitor and report. Information relating to that function is excluded information under Sch 2 of the GIPA Act. Therefore, DNM's access application is invalid, and the Ombudsman's decision is affirmed.
- Parties
- Applicant: DNM; Respondent: NSW Ombudsman
- Jurisdiction
- Australia
- Judgment Date
- 20 August 2018
- Procedural Posture
- Administrative Review / Final Determination on Papers
- Outcome
- Application dismissed; decision affirmed
- Legal Topics
- Government Information (public Access), Public Interest Disclosures, Administrative Review, Excluded Information
Case Brief
Summary, issues, holding and outcome
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Parties
DNM
Applicant
NSW Ombudsman
Respondent
Procedural Posture
Administrative Review / Final Determination on Papers
Legal Issues
- 1 Whether information relating to the monitoring and reporting function of the Ombudsman under s 6B(1)(e) of the Public Interest Disclosures Act is excluded information under the Government Information (Public Access) Act 2009
- 2 Whether access application seeking excluded information is invalid
Ratio Decidendi
The Ombudsman's function under s 6B(1)(e) of the Public Interest Disclosures Act is a single function to monitor and report. Information relating to that function is excluded information under Sch 2 of the GIPA Act. Therefore, DNM's access application is invalid, and the Ombudsman's decision is affirmed.
Court Disposition
Application dismissed; decision affirmed
Orders
- The decision of the Ombudsman that DNM's application was invalid is affirmed.
- No order as to costs.
Full Case Text
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