Styles v Wollondilly Shire Council [2023] NSWCATAD 176

Styles v Wollondilly Shire Council [2023] NSWCATAD 176

The determination that Ms Styles' complaints were 'frivolous and vexatious and not made in good faith' constitutes an opinion about her integrity and honesty and is 'personal information' within the meaning of the GIPA Act. Therefore, pursuant to s 67, no processing charge could be imposed for the first 20 hours, making the Council's charge invalid as only 4 hours 45 minutes of processing was charged.

Jurisdiction
Australia
Judgment Date
07 July 2023
Procedural Posture
Administrative Review / Decision on Papers
Outcome
decision to impose processing charge set aside
Legal Topics
['government Information (public Access) Act' 'processing Charges' 'personal Information' 'administrative Review']
['administrative Law' 'information Access'] ['government Information (public Access) Act' 'processing Charges' 'personal Information' 'administrative Review']

Case Brief

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Procedural Posture

Administrative Review / Decision on Papers

Legal Issues

  1. 1 ["Whether the Council was entitled to impose a processing charge under s 67 of the GIPA Act given the nature of the information sought as 'personal information'." 'Whether the entirety of the processing charge should be waived.']

Ratio Decidendi

The determination that Ms Styles' complaints were 'frivolous and vexatious and not made in good faith' constitutes an opinion about her integrity and honesty and is 'personal information' within the meaning of the GIPA Act. Therefore, pursuant to s 67, no processing charge could be imposed for the first 20 hours, making the Council's charge invalid as only 4 hours 45 minutes of processing was charged.

Court Disposition

decision to impose processing charge set aside

Orders

  • ['A hearing is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013.' 'The decision by the Council to impose a processing charge on 19 April 2023 is set aside.']