McEwan v Port Stephens Council [2017] NSWCATAD 269

McEwan v Port Stephens Council [2017] NSWCATAD 269

The public interest considerations against disclosure—including the risk of harm, serious harassment or intimidation, and disclosure of personal and health information—outweigh the presumption in favour of disclosure in this case, justifying refusal of access to the requested information.

Jurisdiction
Australia
Judgment Date
08 September 2017
Procedural Posture
Review of Administrative Decision / Final Decision
Outcome
Decision under review affirmed
Legal Topics
['government Information' 'public Interest Test' 'personal Information' 'risk of Harm' 'disclosure' 'health Records']
['administrative Law' 'privacy Law'] ['government Information' 'public Interest Test' 'personal Information' 'risk of Harm' 'disclosure' 'health Records']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Review of Administrative Decision / Final Decision

Legal Issues

  1. 1 ['Whether there is an overriding public interest against disclosure of information under the Government Information (Public Access) Act 2009' 'Whether withheld documents contain personal information or health information subject to privacy principles' 'Whether disclosure could expose individuals to risk of harm, serious harassment, or intimidation']

Ratio Decidendi

The public interest considerations against disclosure—including the risk of harm, serious harassment or intimidation, and disclosure of personal and health information—outweigh the presumption in favour of disclosure in this case, justifying refusal of access to the requested information.

Court Disposition

Decision under review affirmed

Orders

  • ['The decision under review is affirmed.']