Walker v SafeWork NSW [2022] NSWCATAD 94

Walker v SafeWork NSW [2022] NSWCATAD 94

The withheld Georgiou information was provided to SafeWork NSW under compulsion in response to s 171 WHS Act notices and was given and received in confidence. Disclosure could reasonably be expected to prejudice the future supply of such confidential information, prejudice SafeWork NSW's investigative functions, and constitute a contravention of the s 271 WHS Act secrecy provision. Although there was a strong public interest in disclosure of information about possible silica dust exposure and in SafeWork NSW's accountability, the public interest considerations against disclosure outweighed those in favour, so the correct and preferable decision was to affirm refusal of access.

Jurisdiction
Australia
Judgment Date
18 March 2022
Procedural Posture
Administrative Review of a Government Information Access Decision Under the Government Information (public Access) Act 2009 / Review by the Civil and Administrative Tribunal of New South Wales of Safe Work Nsw's Refusal to Provide Access to Withheld Information
Outcome
The decision under review is affirmed.
Legal Topics
['administrative Review' 'government Information Access' 'overriding Public Interest Against Disclosure' 'confidential Information' 'secrecy Provision' 'effective Exercise of Agency Functions' 'silica Dust Monitoring Information']
['administrative Law' 'government Information' 'work Health and Safety'] ['administrative Review' 'government Information Access' 'overriding Public Interest Against Disclosure' 'confidential Information' 'secrecy Provision' 'effective Exercise of Agency Functions' 'silica Dust Monitoring Information']

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Procedural Posture

Administrative Review of a Government Information Access Decision Under the Government Information (public Access) Act 2009 / Review by the Civil and Administrative Tribunal of New South Wales of Safe Work Nsw's Refusal to Provide Access to Withheld Information

Legal Issues

  1. 1 ["Whether there was an overriding public interest against disclosure of Georgiou Group Pty Ltd's responses to Notices issued by SafeWork NSW under s 171 of the Work Health and Safety Act 2011." 'Whether disclosure could reasonably be expected to prejudice the supply to SafeWork NSW of confidential information that facilitates the effective exercise of its functions under s 14 Table, cl 1(d) of the Government Information (Public Access) Act 2009.' 'Whether disclosure could reasonably be expected to prejudice the effective exercise by SafeWork NSW of its functions under s 14 Table, cl 1(f) of the Government Information (Public Access) Act 2009.' 'Whether disclosure could reasonably be expected to constitute a contravention of s 271 of the Work Health and Safety Act 2011 for the purposes of s 14 Table, cl 6(1) of the Government Information (Public Access) Act 2009.']

Ratio Decidendi

The withheld Georgiou information was provided to SafeWork NSW under compulsion in response to s 171 WHS Act notices and was given and received in confidence. Disclosure could reasonably be expected to prejudice the future supply of such confidential information, prejudice SafeWork NSW's investigative functions, and constitute a contravention of the s 271 WHS Act secrecy provision. Although there was a strong public interest in disclosure of information about possible silica dust exposure and in SafeWork NSW's accountability, the public interest considerations against disclosure outweighed those in favour, so the correct and preferable decision was to affirm refusal of access.

Court Disposition

The decision under review is affirmed.

Orders

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