Speer v NSW State Emergency Service [2018] NSWCATAD 226

Speer v NSW State Emergency Service [2018] NSWCATAD 226

The Tribunal found that the public interest against disclosure outweighed the public interest in disclosure for the redacted letters of complaint, witness names and personal information, but not for the document titled Ken Speer Performance Management. Although release of that document could reasonably be expected to have some impact on future supply of information, the prejudice was not so great as to outweigh the public interest in Mr Speer seeing information about allegations affecting him. The Tribunal was not satisfied that further requested information was held by the agency, and found the agency's searches reasonable.

Jurisdiction
Australia
Judgment Date
26 September 2018
Procedural Posture
Administrative Review of an Access Determination Under the Government Information (public Access) Act 2009 / Principal Judgment; Review of Agency Decision
Outcome
The decision under review was set aside in part, the document titled Ken Speer Performance Management was ordered to be released, the matter was remitted for review of related redactions, and the decision was otherwise affirmed.
Legal Topics
['government Information (public Access) Act 2009' 'overriding Public Interest Against Disclosure' 'personal Information' 'information Provided in Confidence During an Investigation' 'prejudice to Supply of Information' 'prejudice to Agency Functions' 'reasonableness of Searches']
['administrative Law' 'government Information Access' 'privacy'] ['government Information (public Access) Act 2009' 'overriding Public Interest Against Disclosure' 'personal Information' 'information Provided in Confidence During an Investigation' 'prejudice to Supply of Information' 'prejudice to Agency Functions' 'reasonableness of Searches']

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Procedural Posture

Administrative Review of an Access Determination Under the Government Information (public Access) Act 2009 / Principal Judgment; Review of Agency Decision

Legal Issues

  1. 1 ['Whether the NSW State Emergency Service was justified in refusing access to withheld or redacted information on the basis of an overriding public interest against disclosure.' 'Whether the document titled Ken Speer Performance Management should be released.' 'Whether redactions to letters of complaint, witness names and other personal information should be affirmed.' 'Whether the NSW State Emergency Service undertook reasonable searches for information falling within the access application.' "Whether the Tribunal should affirm, vary or set aside the agency's decision."]

Ratio Decidendi

The Tribunal found that the public interest against disclosure outweighed the public interest in disclosure for the redacted letters of complaint, witness names and personal information, but not for the document titled Ken Speer Performance Management. Although release of that document could reasonably be expected to have some impact on future supply of information, the prejudice was not so great as to outweigh the public interest in Mr Speer seeing information about allegations affecting him. The Tribunal was not satisfied that further requested information was held by the agency, and found the agency's searches reasonable.

Court Disposition

The decision under review was set aside in part, the document titled Ken Speer Performance Management was ordered to be released, the matter was remitted for review of related redactions, and the decision was otherwise affirmed.

Orders

  • ['The decision by the NSW State Emergency Service to refuse to release the document titled Ken Speer Performance Management should be set aside. In its place the decision is made that the document is released.' 'The matter is remitted to the NSW State Emergency Service to allow it to undertake a review of other...