Walker v Pittwater Council [2016] NSWCATAD 78

Approval for Mr Walker to lodge government information access applications should be granted because the applications are not lacking in substance as none of the statutory qualifications or restrictions apply; whether applications are frivolous, vexatious or misconceived is not relevant to the exercise of the discretion under s 110(1).

Jurisdiction: Australia
Judgment Date: 27 April 2016
Procedural Posture: Administrative / Application for Approval to Lodge Government Information Applications
Outcome: Approval granted
Legal Topics: ['access to Government Information' 'restraint Orders' 'discretion to Approve Applications']

['administrative Law'] ['access to Government Information' 'restraint Orders' 'discretion to Approve Applications']

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Procedural Posture

Administrative / Application for Approval to Lodge Government Information Applications

Legal Issues

1 ["Scope of Tribunal's discretion to approve government information access applications under a restraint order" 'Relevant considerations when exercising discretion under s 110(1) of the Government Information (Public Access) Act 2009 (NSW)']

Ratio Decidendi

Court Disposition

Approval granted

Orders

['Approval is granted to Mr Walker to lodge two applications with the Pittwater Council under the Government Information (Public Access) Act 2009 in the terms set out in these reasons.']