Jeray v Blue Mountains City Council [2021] NSWCATAD 67

Jeray v Blue Mountains City Council [2021] NSWCATAD 67

The application for 'all records' lacks reasonable specificity and does not contain information reasonably necessary to enable the agency to identify all relevant information as required by sec 41(1)(e) GIPA Act; thus, the agency's refusal to deal with the application as invalid was justified.

Jurisdiction
Australia
Judgment Date
17 March 2021
Procedural Posture
Administrative Review / Merits Review; Final Orders
Outcome
Agency's decision affirmed; matter remitted to agency for consideration of provision of list.
Legal Topics
['validity of Application Under Government Information (public Access) Act 2009' 'reasonably Necessary Information for Identification of Records' 'refusal to Deal With Application' 'obligations of Agency' 'creation of Records']
['administrative Law' 'government Information' 'freedom of Information'] ['validity of Application Under Government Information (public Access) Act 2009' 'reasonably Necessary Information for Identification of Records' 'refusal to Deal With Application' 'obligations of Agency' 'creation of Records']

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Procedural Posture

Administrative Review / Merits Review; Final Orders

Legal Issues

  1. 1 ['Whether the application for government information contained such information as was reasonably necessary to enable records to be identified under sec 41(1)(e) GIPA Act' "Whether the request for 'all records' or an 'index' was valid given its generality" 'Whether agency is required to create or provide a list or index of records in response to a request']

Ratio Decidendi

The application for 'all records' lacks reasonable specificity and does not contain information reasonably necessary to enable the agency to identify all relevant information as required by sec 41(1)(e) GIPA Act; thus, the agency's refusal to deal with the application as invalid was justified.

Court Disposition

Agency's decision affirmed; matter remitted to agency for consideration of provision of list.

Orders

  • ['The decision of the agency on the original application is affirmed.' 'The matter is remitted to the respondent to consider and decide within 28 days of publication of these reasons whether to provide the applicant with the list of information prepared by it in response to the original application.']