Walker v Pittwater Council [2015] NSWCATAD 222

Walker v Pittwater Council [2015] NSWCATAD 222

Approval was granted for the Warriewood Valley Acoustics Study request, the amended after-hours noise notifications request, and the amended Mona Vale Place Plan public consultation records request because they were not previous applications or continuations of the access actions that led to the restraint order and could proceed in clarified or amended form. Approval was refused for the Bus Rapid Transit correspondence request because it was too broad and too vague and compliance would substantially affect Pittwater Council's resources.

Jurisdiction
Australia
Judgment Date
13 October 2015
Procedural Posture
Application for NCAT Approval to Make Access Applications Under the Government Information (public Access) Act 2009 NSW While Subject to a Restraint Order / Ex Tempore Reasons for Decision on Four Approval Applications
Outcome
Three of Mr Walker's four applications for approval to make access applications under the Government Information (Public Access) Act 2009 NSW were approved; one was not approved.
Legal Topics
['access to Government Information' 'government Information (public Access) Act 2009 Nsw' 'restraint Order' 'approval to Make Access Application' 'vexatious Applicant Procedures' 'unreasonable Diversion of Agency Resources' 'clarity of Access Application']
['administrative Law'] ['access to Government Information' 'government Information (public Access) Act 2009 Nsw' 'restraint Order' 'approval to Make Access Application' 'vexatious Applicant Procedures' 'unreasonable Diversion of Agency Resources' 'clarity of Access Application']

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Procedural Posture

Application for NCAT Approval to Make Access Applications Under the Government Information (public Access) Act 2009 NSW While Subject to a Restraint Order / Ex Tempore Reasons for Decision on Four Approval Applications

Legal Issues

  1. 1 ['Whether Mr Walker should be granted approval under s 110(1) of the Government Information (Public Access) Act 2009 NSW to make each of four access applications to Pittwater Council despite an existing restraint order.' 'Whether the proposed applications were new issues or continuations of access actions that led to the restraint order.' "Whether an application was too broad or too vague, or would substantially affect Pittwater Council's resources."]

Ratio Decidendi

Approval was granted for the Warriewood Valley Acoustics Study request, the amended after-hours noise notifications request, and the amended Mona Vale Place Plan public consultation records request because they were not previous applications or continuations of the access actions that led to the restraint order and could proceed in clarified or amended form. Approval was refused for the Bus Rapid Transit correspondence request because it was too broad and too vague and compliance would substantially affect Pittwater Council's resources.

Court Disposition

Three of Mr Walker's four applications for approval to make access applications under the Government Information (Public Access) Act 2009 NSW were approved; one was not approved.

Orders

  • ['File No 1510494: The following application by Mr Walker to Pittwater Council under the Government Information (Public Access) Act 2009 is approved: "Copy of Warriewood Valley Acoustics Study conducted by Warringah Council in 1990 by James Madden Cooper or by an organisation with a similar name."' 'File No 1510477:...