Turner v NSW Health Pathology, Forensic & Analytical Science Service [2017] NSWCATAD 114

Turner v NSW Health Pathology, Forensic & Analytical Science Service [2017] NSWCATAD 114

The Tribunal found the Respondent's searches for information in response to the Applicant's request were not reasonable, as key search terms were not used as represented and thus relevant documents may not have been identified or provided. The decision to refuse access to the DNA profile documents was upheld on the basis that disclosure would reveal third-party personal information and contravene privacy legislation, and the balance of public interest was against disclosure. There was insufficient basis to refer Respondent officers for lack of good faith under s112 GIPA Act.

Jurisdiction
Australia
Judgment Date
11 April 2017
Procedural Posture
Administrative Review / Final Decision After Hearing
Outcome
Reviewable decision set aside and remitted; partial directions and orders made; application for ministerial referral refused.
Legal Topics
['government Information (public Access) Act 2009' 'reasonableness of Searches' 'access to Personal Information' 'public Interest Test' 'dna Evidence Disclosure']
['administrative Law' 'information Access Law'] ['government Information (public Access) Act 2009' 'reasonableness of Searches' 'access to Personal Information' 'public Interest Test' 'dna Evidence Disclosure']

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Procedural Posture

Administrative Review / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the searches conducted by the Respondent for requested information were reasonable under the GIPA Act' "Whether access should be refused to documents containing a third party's DNA profile under public interest and privacy considerations" 'Whether grounds exist for referral to the Minister under s112 of the GIPA Act for alleged lack of good faith by Respondent officers']

Ratio Decidendi

The Tribunal found the Respondent's searches for information in response to the Applicant's request were not reasonable, as key search terms were not used as represented and thus relevant documents may not have been identified or provided. The decision to refuse access to the DNA profile documents was upheld on the basis that disclosure would reveal third-party personal information and contravene privacy legislation, and the balance of public interest was against disclosure. There was insufficient basis to refer Respondent officers for lack of good faith under s112 GIPA Act.

Court Disposition

Reviewable decision set aside and remitted; partial directions and orders made; application for ministerial referral refused.

Orders

  • ['Set aside the administratively reviewable decision of 15 June 2016 and remit the matter for reconsideration by the Respondent in accordance with these reasons, such reconsideration to be completed within 45 days of publication.' 'Direct the Respondent to conduct specified additional searches (as set out in...