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
Legal Issues
- 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.']
Full Case Text
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