Fisher v Goulburn Mulwaree Council [2019] NSWCATAD 34

Fisher v Goulburn Mulwaree Council [2019] NSWCATAD 34

The Applicant had established reasonable grounds for believing further relevant documents existed, and the Respondent had not conducted or documented sufficiently comprehensive searches using all reasonably available resources; therefore, the Tribunal set aside the Respondent's decision and directed additional...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 February 2019
Procedural Posture
Administrative Review / Final Decision (principal Judgment)
Outcome
Respondent's decision set aside and matter remitted for reconsideration.
Legal Topics
['gipa Act' 'record Keeping' 'sufficiency of Searches']
['administrative Law' 'access to Government Information'] ['gipa Act' 'record Keeping' 'sufficiency of Searches']

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Procedural Posture

Administrative Review / Final Decision (principal Judgment)

Legal Issues

  1. 1 ['Whether the Respondent complied with its obligations under s 53 of the GIPA Act to undertake reasonable searches for information in response to an access application.' 'Whether the Applicant discharged his onus in demonstrating that further relevant information exists that was not provided.']

Ratio Decidendi

The Applicant had established reasonable grounds for believing further relevant documents existed, and the Respondent had not conducted or documented sufficiently comprehensive searches using all reasonably available resources; therefore, the Tribunal set aside the Respondent's decision and directed additional searches and reconsideration.

Court Disposition

Respondent's decision set aside and matter remitted for reconsideration.

Orders

  • ['The Tribunal sets aside the administratively reviewable decision and remits the matter for reconsideration by the Respondent in accordance with the reasons for this decision and the recommendations at paragraphs 56 and 57, within 28 days.' 'Matter is listed for directions on 8 April 2019 at 12pm.']