Johnston v TAFE NSW [2019] NSWCATAD 152
The Tribunal found that TAFE NSW took reasonable steps to locate documents, had reasonably characterised withheld documents as subject to legal professional privilege, and had correctly imposed processing charges based on a correct distinction between personal and non-personal information. Therefore, the original decision was affirmed.
- Parties
- Applicant: Phillip Johnston; Respondent: TAFE NSW
- Jurisdiction
- Australia
- Judgment Date
- 01 August 2019
- Procedural Posture
- Administrative Review / Final Decision
- Outcome
- The decision under review is affirmed.
- Legal Topics
- Access to Information, Legal Professional Privilege, Processing Charges, Personal Information
Case Brief
Summary, issues, holding and outcome
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Parties
Phillip Johnston
Applicant
TAFE NSW
Respondent
Procedural Posture
Administrative Review / Final Decision
Legal Issues
- 1 Whether further information within the scope of the access application is held by the respondent
- 2 Whether information withheld is subject to legal professional privilege
- 3 Whether processing charge was correctly imposed based on characterisation of personal and non-personal information
Ratio Decidendi
The Tribunal found that TAFE NSW took reasonable steps to locate documents, had reasonably characterised withheld documents as subject to legal professional privilege, and had correctly imposed processing charges based on a correct distinction between personal and non-personal information. Therefore, the original decision was affirmed.
Court Disposition
The decision under review is affirmed.
Orders
- The decision under review is affirmed.
Full Case Text
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