Marchant v Bland Shire Council [2013] NSWADT 303

Marchant v Bland Shire Council [2013] NSWADT 303

The respondent bore the onus of justifying refusal but relied largely on assertion or opinion unsupported by factual material. Although the complainant's name and address were personal information and s 18(1) of the Privacy and Personal Information Protection Act 1998 was a consideration against disclosure, the complainant had no objection to disclosure and the applicant's personal circumstances and motives favoured disclosure. The considerations against disclosure, individually or cumulatively, did not outweigh the general public interest in favour of disclosure, so there was no overriding public interest against disclosure.

Jurisdiction
Australia
Judgment Date
31 December 2013
Procedural Posture
Application Under S 100 of the Government Information (public Access) Act 2009 for Review of a Decision Refusing in Part Access to Government Information / Decided on the Papers
Outcome
Decision under review set aside
Legal Topics
['access Application' 'code of Conduct Complaint' 'public Interest Test' 'confidential Information' 'personal Information' 'information Protection Principles']
['administrative Law' 'government Information Access' 'privacy'] ['access Application' 'code of Conduct Complaint' 'public Interest Test' 'confidential Information' 'personal Information' 'information Protection Principles']

Case Brief

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Procedural Posture

Application Under S 100 of the Government Information (public Access) Act 2009 for Review of a Decision Refusing in Part Access to Government Information / Decided on the Papers

Legal Issues

  1. 1 ["Whether disclosure of the complainant's name and address could reasonably be expected to prejudice the supply to the Council of confidential information that facilitates the effective exercise of its functions." "Whether disclosure of the complainant's name and address could reasonably be expected to reveal an individual's personal information." 'Whether disclosure could reasonably be expected to contravene s 18(1) of the Privacy and Personal Information Protection Act 1998.' 'Whether there was an overriding public interest against disclosure of the redacted information.']

Ratio Decidendi

The respondent bore the onus of justifying refusal but relied largely on assertion or opinion unsupported by factual material. Although the complainant's name and address were personal information and s 18(1) of the Privacy and Personal Information Protection Act 1998 was a consideration against disclosure, the complainant had no objection to disclosure and the applicant's personal circumstances and motives favoured disclosure. The considerations against disclosure, individually or cumulatively, did not outweigh the general public interest in favour of disclosure, so there was no overriding public interest against disclosure.

Court Disposition

Decision under review set aside

Orders

  • ['The decision under review is set aside.']