Cui v Leichhardt Council & Anor [2006] NSWADT 298

Cui v Leichhardt Council & Anor [2006] NSWADT 298

The Commissioner of Police, NSW Police was joined because the Police had an interest affected by the reviewable decision. The three plans showing proposed demolition and new works revealed the layout of the fully operational Balmain Police Station and, having regard to the evidence including confidential evidence, disclosure could reasonably be expected to endanger the security of the building within Sch 1 cl 4(1)(g) and adversely affect the business affairs of NSW Police under cl 7(1)(c). Those plans were therefore exempt. The site plan dated 25 May 1993 did not reveal the building layout and disclosure did not give rise to a reasonable expectation of the harms in cl 4(1), so it was to...

Jurisdiction
Australia
Judgment Date
16 October 2006
Procedural Posture
Application for Review of Refusal of Access to Documents Under the Freedom of Information Act 1989 / Principal Matter; Review of Internal Review Decision
Outcome
Decision varied in part; release of the site plan ordered and the decision otherwise affirmed.
Legal Topics
['access to Documents' 'exempt Documents' 'law Enforcement and Public Safety' 'business Affairs' 'joinder of Party']
['administrative Law' 'freedom of Information'] ['access to Documents' 'exempt Documents' 'law Enforcement and Public Safety' 'business Affairs' 'joinder of Party']

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Procedural Posture

Application for Review of Refusal of Access to Documents Under the Freedom of Information Act 1989 / Principal Matter; Review of Internal Review Decision

Legal Issues

  1. 1 ['Whether the Commissioner of Police, NSW Police should be made a party to the proceedings under s 67(4) of the Administrative Decisions Tribunal Act 1997.' 'Whether plans for Balmain Police Station were exempt documents under Sch 1 cl 4 of the Freedom of Information Act 1989 as documents affecting law enforcement and public safety.' 'Whether plans for Balmain Police Station were exempt documents under Sch 1 cl 7 of the Freedom of Information Act 1989 as documents affecting business affairs.' 'Whether any part of the documents, including the site plan dated 25 May 1993, should be released.']

Ratio Decidendi

The Commissioner of Police, NSW Police was joined because the Police had an interest affected by the reviewable decision. The three plans showing proposed demolition and new works revealed the layout of the fully operational Balmain Police Station and, having regard to the evidence including confidential evidence, disclosure could reasonably be expected to endanger the security of the building within Sch 1 cl 4(1)(g) and adversely affect the business affairs of NSW Police under cl 7(1)(c). Those plans were therefore exempt. The site plan dated 25 May 1993 did not reveal the building layout and disclosure did not give rise to a reasonable expectation of the harms in cl 4(1), so it was to...

Court Disposition

Decision varied in part; release of the site plan ordered and the decision otherwise affirmed.

Orders

  • ['The decision under review is varied by ordering the release to the Applicant of the site plan for Balmain Police Station dated 25 May 1993 (drawing no N93/133-A01) 28 days after the date of this decision.' 'The decision is otherwise affirmed.']