Atkinson v Department of Premier and Cabinet and the Premier of New South Wales [2023] NSWCATAD 45

Atkinson v Department of Premier and Cabinet and the Premier of New South Wales [2023] NSWCATAD 45

There were reasonable grounds to conclude that Documents 9, 9.1, 10.1, 15-19, and 28 constituted Cabinet information and Documents 27 and 28 were privileged. Document 15 also included excluded information of ICAC. The conclusive presumption against disclosure applied, with no grounds for redaction or order for production. The decision under review was affirmed.

Parties
Applicant: John Atkinson; First Respondent: Department of Premier and Cabinet; Second Respondent: Premier of New South Wales; Intervener: Information Commissioner
Jurisdiction
Australia
Judgment Date
01 March 2023
Procedural Posture
Administrative Review / Final Determination
Outcome
Decision affirmed
Legal Topics
Cabinet Information Under GIPA Act, Legal Professional Privilege, Excluded Information of ICAC, Public Interest Against Disclosure
Administrative Law Freedom of Information Legal Professional Privilege Cabinet Information Under GIPA Act Excluded Information of ICAC Public Interest Against Disclosure

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Parties

John Atkinson

Applicant

Department of Premier and Cabinet

First Respondent

Premier of New South Wales

Second Respondent

Information Commissioner

Intervener

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 Whether disputed documents constitute Cabinet information under clause 2(1) of Schedule 1 to the GIPA Act
  2. 2 Whether documents are subject to legal professional privilege under clause 5 of Schedule 1 to the GIPA Act
  3. 3 Whether information in Document 15 is excluded information of ICAC under clause 6 of Schedule 1 to the GIPA Act

Ratio Decidendi

There were reasonable grounds to conclude that Documents 9, 9.1, 10.1, 15-19, and 28 constituted Cabinet information and Documents 27 and 28 were privileged. Document 15 also included excluded information of ICAC. The conclusive presumption against disclosure applied, with no grounds for redaction or order for production. The decision under review was affirmed.

Court Disposition

Decision affirmed

Orders

  • The decision under review is affirmed with respect to Documents 9, 9.1, 10.1, 15-19, 27 and 28.