Styles v Wollondilly Shire Council [2004] NSWADT 167

Styles v Wollondilly Shire Council [2004] NSWADT 167

The Council's estimate of time and charges (beyond the first 20 hours) was reasonable given the scope of Ms Styles' FOI request, and the FOI Act entitles the Council to require an advance deposit and to refuse to continue processing when the deposit is not paid within the specified time. Thus, the decision to refuse to continue dealing with the application was lawful and justified.

Parties
Applicant: Lynette Styles; Respondent: Wollondilly Shire Council
Jurisdiction
Australia
Judgment Date
13 August 2004
Procedural Posture
External Review Application (foi Refusal) / Decision of NSW Administrative Decisions Tribunal (general Division)
Outcome
Council's decision affirmed
Legal Topics
Advance Deposit for FOI Requests, Reasonableness of Charges, Agency Refusal to Process Application for Non Payment, Review of FOI Determinations, Statutory Interpretation of FOI Act
Administrative Law Freedom of Information Advance Deposit for FOI Requests Reasonableness of Charges Agency Refusal to Process Application for Non Payment Review of FOI Determinations Statutory Interpretation of FOI Act

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Parties

Lynette Styles

Applicant

Wollondilly Shire Council

Respondent

Procedural Posture

External Review Application (foi Refusal) / Decision of NSW Administrative Decisions Tribunal (general Division)

Legal Issues

  1. 1 Whether the Council's demand for a $960.00 advance deposit under s 21 of the Freedom of Information Act 1989 was reasonable and justified
  2. 2 Whether the Council was entitled to refuse to continue dealing with the FOI application upon non-payment of the advance deposit by the applicant
  3. 3 Whether the processing time and volume of documents justified the advance deposit

Ratio Decidendi

The Council's estimate of time and charges (beyond the first 20 hours) was reasonable given the scope of Ms Styles' FOI request, and the FOI Act entitles the Council to require an advance deposit and to refuse to continue processing when the deposit is not paid within the specified time. Thus, the decision to refuse to continue dealing with the application was lawful and justified.

Court Disposition

Council's decision affirmed

Orders

  • The decision by the Wollondilly Shire Council to refuse to continue dealing with the Freedom of Information application lodged by Ms Styles is affirmed.