Jeray v Office of the Information Commissioner [2024] NSWCATAD 119

Jeray v Office of the Information Commissioner [2024] NSWCATAD 119

The GIPA request sought information relating to the review functions of the Office of the Information Commissioner as specified in Schedule 2 of the GIPA Act. Such information is 'excluded information,' and access to it is conclusively presumed to be against the overriding public interest, rendering the application invalid under section 43 of the GIPA Act. Applying broad interpretation of 'relates to,' the Tribunal affirmed the agency's decision.

Jurisdiction
Australia
Judgment Date
07 May 2024
Procedural Posture
Administrative Review / Final Determination
Outcome
Decision under review affirmed
Legal Topics
['government Information' 'excluded Information' 'public Interest' 'administrative Review']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Administrative Review / Final Determination

  1. 1 ['Whether the GIPA request is invalid as it seeks access to excluded information under the Government Information (Public Access) Act 2009 (NSW)' 'Proper description and identification of the respondent agency']

Ratio Decidendi

The GIPA request sought information relating to the review functions of the Office of the Information Commissioner as specified in Schedule 2 of the GIPA Act. Such information is 'excluded information,' and access to it is conclusively presumed to be against the overriding public interest, rendering the application invalid under section 43 of the GIPA Act. Applying broad interpretation of 'relates to,' the Tribunal affirmed the agency's decision.

Court Disposition

Decision under review affirmed

Orders

  • ["The name of the respondent is amended to 'Office of the Information Commissioner'." 'The decision under review is affirmed.']