Miskelly v Roads and Maritime Services [2019] NSWCATAD 133

Miskelly v Roads and Maritime Services [2019] NSWCATAD 133

The Tribunal affirmed RMS's refusal of access to Documents 1, 2, 3, S1 and S3 because reasonable grounds exist for the Cabinet information claim under Schedule 1 of the GIPA Act; dismissed the remainder of the application as the Tribunal lacks jurisdiction to review decisions that information is 'out of scope'.

Jurisdiction
Australia
Judgment Date
10 July 2019
Procedural Posture
Administrative Review / Final Determination
Outcome
Affirmed in part, dismissed in part
Legal Topics
['access to Government Information' 'cabinet Information' 'jurisdiction of Tribunal']
['administrative Law' 'freedom of Information'] ['access to Government Information' 'cabinet Information' 'jurisdiction of Tribunal']

Case Brief

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Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ['Whether information sought is Cabinet information under the Government Information (Public Access) Act 2009 (NSW)' "Whether the Tribunal has jurisdiction to review an agency decision that information is 'out of scope'"]

Ratio Decidendi

The Tribunal affirmed RMS's refusal of access to Documents 1, 2, 3, S1 and S3 because reasonable grounds exist for the Cabinet information claim under Schedule 1 of the GIPA Act; dismissed the remainder of the application as the Tribunal lacks jurisdiction to review decisions that information is 'out of scope'.

Court Disposition

Affirmed in part, dismissed in part

Orders

  • ['The decision of the respondent in regard to Documents 1, 2, 3, S1 and S3 is affirmed.' "The applicant's application is otherwise dismissed."]