FDC v Secretary, Department of Education [2021] NSWCATAD 264

FDC v Secretary, Department of Education [2021] NSWCATAD 264

The respondent established an overriding public interest against disclosure for some redacted information because it was personal information of staff members or out of scope, but failed to establish that disclosure of other redacted information would contravene an information protection principle or prejudice confidential information supply or agency functions. In the absence of probative evidence supporting the asserted prejudice under cll 1(d) and 1(f), and after weighing the public interest and personal factors favouring disclosure against the established privacy considerations, the correct and preferable decision was to vary the refusal by releasing pages 342, 345, 673 and 674 in...

Jurisdiction
Australia
Judgment Date
13 September 2021
Procedural Posture
Administrative Review of a Decision Refusing Access to Government Information Under the Government Information (public Access) Act 2009 / Principal Judgment After Hearing
Outcome
The respondent's decision under s 58(1)(d) of the Government Information (Public Access) Act 2009 was varied in part and affirmed in part. No costs order was made in favour of the applicant.
Legal Topics
['gipa Access Application' 'overriding Public Interest Against Disclosure' 'public Interest Considerations in Favour of Disclosure' 'public Interest Considerations Against Disclosure' 'personal Information' 'information Protection Principles' 'out of Scope Information' 'costs in Ncat']
['administrative Law' 'government Information Access' 'privacy'] ['gipa Access Application' 'overriding Public Interest Against Disclosure' 'public Interest Considerations in Favour of Disclosure' 'public Interest Considerations Against Disclosure' 'personal Information' 'information Protection Principles' 'out of Scope Information' 'costs in Ncat']

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Procedural Posture

Administrative Review of a Decision Refusing Access to Government Information Under the Government Information (public Access) Act 2009 / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether there was an overriding public interest against disclosure of information redacted from nine pages of counselling and school records relating to the applicant's child." 'Whether disclosure of the redacted information could reasonably be expected to reveal personal information or contravene an information protection principle.' "Whether disclosure could reasonably be expected to prejudice the supply of confidential information to the respondent or prejudice the effective exercise of the respondent's functions." 'Whether information deleted from pages 353 and 665 under s 74 of the Government Information (Public Access) Act 2009 was outside the scope of the access application.' 'Whether special circumstances warranted an award of costs in favour of the applicant.']

Ratio Decidendi

The respondent established an overriding public interest against disclosure for some redacted information because it was personal information of staff members or out of scope, but failed to establish that disclosure of other redacted information would contravene an information protection principle or prejudice confidential information supply or agency functions. In the absence of probative evidence supporting the asserted prejudice under cll 1(d) and 1(f), and after weighing the public interest and personal factors favouring disclosure against the established privacy considerations, the correct and preferable decision was to vary the refusal by releasing pages 342, 345, 673 and 674 in...

Court Disposition

The respondent's decision under s 58(1)(d) of the Government Information (Public Access) Act 2009 was varied in part and affirmed in part. No costs order was made in favour of the applicant.

Orders

  • ['The decision of the respondent under s 58(1)(d) of the Government Information (Public Access) Act 2009 to refuse access to information because of an overriding public interest consideration against disclosure of the information is varied, by granting the applicant access to pages 342, 345, 673 and 674 without...