Marden v Pharmacy Council of NSW [2016] NSWCATAD 86

Marden v Pharmacy Council of NSW [2016] NSWCATAD 86

The applicant's application to the Tribunal was made within the required time per s 101(2) of the GIPA Act because it allows an application while Information Commissioner review is pending. If not, the applicant had a reasonable excuse for delay and would be granted an extension under s 101(4). The second respondent has established a prima facie case that disclosure could reveal personal information (cl 3(a)), but has not established other public interest considerations against disclosure. Directions were made for further submissions.

Parties
Applicant: Judith Marden; First Respondent: Pharmacy Council of NSW; Second Respondent: Complainant
Jurisdiction
Australia
Judgment Date
06 May 2016
Procedural Posture
Administrative Review / Interlocutory/preliminary Ruling
Outcome
Interlocutory/preliminary orders, directions for further submissions, partial finding on public interest
Legal Topics
Government Information (public Access) Act, Public Interest Considerations, Disclosure of Personal Information, Extension of Time, Procedural Fairness
Administrative Law Information Law Government Information (public Access) Act Public Interest Considerations Disclosure of Personal Information Extension of Time Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Judith Marden

Applicant

Pharmacy Council of NSW

First Respondent

Complainant

Second Respondent

Procedural Posture

Administrative Review / Interlocutory/preliminary Ruling

Legal Issues

  1. 1 Whether the applicant's application to the Tribunal was made within time under the Government Information (Public Access) Act 2009 (NSW)
  2. 2 Whether the complainant has established a prima facie case that public interest considerations against disclosure apply
  3. 3 Whether other public interest considerations against disclosure are established

Ratio Decidendi

The applicant's application to the Tribunal was made within the required time per s 101(2) of the GIPA Act because it allows an application while Information Commissioner review is pending. If not, the applicant had a reasonable excuse for delay and would be granted an extension under s 101(4). The second respondent has established a prima facie case that disclosure could reveal personal information (cl 3(a)), but has not established other public interest considerations against disclosure. Directions were made for further submissions.

Court Disposition

Interlocutory/preliminary orders, directions for further submissions, partial finding on public interest

Orders

  • Applicant's application to the Tribunal is made within time.
  • The second respondent has established a prima facie case that the public interest consideration against disclosure in cl 3(a) of s 14 GIPA Act applies.