Fisher v Roads and Maritime Services NSW [2018] NSWCATAD 52

Fisher v Roads and Maritime Services NSW [2018] NSWCATAD 52

The applicant did not establish reasonable grounds to believe that further requested information existed and was held by the respondent agency. In any event, the evidence of searches by multiple officers across relevant systems, files and records, including further searches after internal review, showed that the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 March 2018
Procedural Posture
Administrative Review of a Government Information Access Decision Under the Government Information and Public Access Act 2009 (nsw) / Determination on the Papers
Outcome
The decision under review is affirmed.
Legal Topics
['government Information' 'reasonable Searches by Agency' 'existence of Requested Information' 'review of Access Decisions']
['administrative Law' 'government Information Access'] ['government Information' 'reasonable Searches by Agency' 'existence of Requested Information' 'review of Access Decisions']

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Procedural Posture

Administrative Review of a Government Information Access Decision Under the Government Information and Public Access Act 2009 (nsw) / Determination on the Papers

Legal Issues

  1. 1 ['Whether there were reasonable grounds to believe that further requested information existed and was held by the respondent agency.' "Whether the respondent's search efforts to locate the information were reasonable in all the circumstances." 'Whether the internal review decision should be affirmed.']

Ratio Decidendi

The applicant did not establish reasonable grounds to believe that further requested information existed and was held by the respondent agency. In any event, the evidence of searches by multiple officers across relevant systems, files and records, including further searches after internal review, showed that the respondent's searches were reasonable in the circumstances; therefore the internal review decision was affirmed.

Court Disposition

The decision under review is affirmed.

Orders

  • ['The decision under review is affirmed.']