Black v Hunter New England Local Health District [2011] NSWADT 295

Black v Hunter New England Local Health District [2011] NSWADT 295

The Tribunal held that section 107(3) is directed to preventing disclosure of information that is the subject of the review, or information which would reveal it. The qualifying words in paragraph 107(3)(b) apply to paragraph 107(3)(a), but, once the Tribunal forms the relevant opinion, the subsection operates mandatorily. Confidential Exhibits DA1, DA2 and MF1 contained or would reveal information for which there was, could be, or was claimed to be an overriding public interest against disclosure, so they had to be received and argued in the absence of the public, Mr Black and his representative. The applications concerning MF2 and Dr Lattimore's confidential statement required further...

Jurisdiction
Australia
Judgment Date
14 December 2011
Procedural Posture
Application for ADT Review of a Decision Refusing Access to Government Information Under the Government Information (public Access) Act 2009 / Interlocutory Application Under Subsection 107(3) of the Government Information (public Access) Act 2009
Outcome
The first respondent's subsection 107(3) application was granted in respect of Confidential Exhibits DA1, DA2 and MF1, and adjourned in respect of Confidential Exhibit MF2 and the Confidential Statement of the second respondent.
Legal Topics
['access to Documents' 'public Interest Considerations Against Disclosure' 'confidential Evidence' 'closed Hearings' 'government Information (public Access) Act 2009 S 107(3)']
['administrative Law' 'government Information Access' 'freedom of Information' 'procedural Fairness'] ['access to Documents' 'public Interest Considerations Against Disclosure' 'confidential Evidence' 'closed Hearings' 'government Information (public Access) Act 2009 S 107(3)']

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

Application for ADT Review of a Decision Refusing Access to Government Information Under the Government Information (public Access) Act 2009 / Interlocutory Application Under Subsection 107(3) of the Government Information (public Access) Act 2009

Legal Issues

  1. 1 ['The proper construction of subsection 107(3) of the Government Information (Public Access) Act 2009.' "Whether the documents the subject of the first respondent's application should be received by the Tribunal in the absence of the public, the applicant and the applicant's legal representative." 'Whether section 107(3) of the Government Information (Public Access) Act 2009 applies to the Information Commissioner.']

Ratio Decidendi

The Tribunal held that section 107(3) is directed to preventing disclosure of information that is the subject of the review, or information which would reveal it. The qualifying words in paragraph 107(3)(b) apply to paragraph 107(3)(a), but, once the Tribunal forms the relevant opinion, the subsection operates mandatorily. Confidential Exhibits DA1, DA2 and MF1 contained or would reveal information for which there was, could be, or was claimed to be an overriding public interest against disclosure, so they had to be received and argued in the absence of the public, Mr Black and his representative. The applications concerning MF2 and Dr Lattimore's confidential statement required further...

Court Disposition

The first respondent's subsection 107(3) application was granted in respect of Confidential Exhibits DA1, DA2 and MF1, and adjourned in respect of Confidential Exhibit MF2 and the Confidential Statement of the second respondent.

Orders

  • ["Pursuant to subsection 107(3) of the Government Information (Public Access) Act 2009, Confidential Exhibit DA1, Confidential Exhibit DA 2 and Confidential Exhibit MF1 are received into evidence and argument is to be heard in regard to these Exhibits in the absence of the public, the applicant and the applicant's...