Pemberton v Macquarie University [2014] NSWCATAD 76
The public interest considerations against disclosure of the information—relating to prejudice to confidential information supply, agency investigative functions, personal privacy, and professional reputations—on balance outweigh the considerations in favour of disclosure. The respondent discharged its onus under s.105 of the GIPA Act. The Tribunal affirms the decision refusing access to the withheld documents.
- Jurisdiction
- Australia
- Judgment Date
- 07 June 2014
- Procedural Posture
- Review of Government Information Access Decision / Final Decision on the Merits
- Outcome
- decision under review affirmed
- Legal Topics
- ['access to Government Information' 'public Interest Test' 'personal Information Exemption' 'internal Investigation Confidentiality']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Review of Government Information Access Decision / Final Decision on the Merits
Legal Issues
- 1 ['Whether there is an overriding public interest against disclosure of certain University-held documents under the Government Information (Public Access) Act 2009']
Ratio Decidendi
The public interest considerations against disclosure of the information—relating to prejudice to confidential information supply, agency investigative functions, personal privacy, and professional reputations—on balance outweigh the considerations in favour of disclosure. The respondent discharged its onus under s.105 of the GIPA Act. The Tribunal affirms the decision refusing access to the withheld documents.
Court Disposition
decision under review affirmed
Orders
- ['The decision under review is affirmed.']
Full Case Text
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