Croker v Health Care Complaints Commission [2022] NSWCATAD 294

Croker v Health Care Complaints Commission [2022] NSWCATAD 294

Applying a broad meaning to the words "relates to", the information sought was information about the handling of the applicant's complaints by the HCCC. Complaint handling is a specified function of the HCCC under Schedule 2 to the GIPA Act, the HCCC had not consented to disclosure, and the information was therefore excluded information. The access application was invalid and the respondent's refusal decision was affirmed.

Jurisdiction
Australia
Judgment Date
01 September 2022
Procedural Posture
Administrative Review of Decision Refusing Access to Government Information / Hearing of Administrative Review; Respondent's Dismissal Application Was Considered and the Substantive Review Was Determined
Outcome
The Tribunal affirmed the respondent's decision of 25 November 2021 and found the access application invalid.
Legal Topics
['government Information Public Access' 'excluded Information' 'complaint Handling Information' 'validity of Access Application']
['administrative Law' 'freedom of Information'] ['government Information Public Access' 'excluded Information' 'complaint Handling Information' 'validity of Access Application']

Case Brief

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Procedural Posture

Administrative Review of Decision Refusing Access to Government Information / Hearing of Administrative Review; Respondent's Dismissal Application Was Considered and the Substantive Review Was Determined

Legal Issues

  1. 1 ['Whether the information sought by the applicant falls within the exclusion provision in Schedule 2 to the Government Information (Public Access) Act 2009 because it relates to the complaint handling function of the Health Care Complaints Commission.' "Whether the applicant's access application was invalid under s 43 of the Government Information (Public Access) Act 2009."]

Ratio Decidendi

Applying a broad meaning to the words "relates to", the information sought was information about the handling of the applicant's complaints by the HCCC. Complaint handling is a specified function of the HCCC under Schedule 2 to the GIPA Act, the HCCC had not consented to disclosure, and the information was therefore excluded information. The access application was invalid and the respondent's refusal decision was affirmed.

Court Disposition

The Tribunal affirmed the respondent's decision of 25 November 2021 and found the access application invalid.

Orders

  • ["The Tribunal affirms the respondent's decision of 25 November 2021."]