Ranier Pty Ltd New South Wales Casino Control Authority and anor [2007] NSWADT 118

Ranier Pty Ltd New South Wales Casino Control Authority and anor [2007] NSWADT 118

Documents 2, 3, and 4 are excluded from FOI Act access as their disclosure could enable the identity of a confidential source in relation to law enforcement or administration, pursuant to s148(7)(a)(ii) of the Casino Control Act 1992. Documents 1, 6, 7, and 10 are exempt under the business affairs and confidential information exemptions in the FOI Act, and/or s148(7)(b)(iii) Casino Control Act; their release could reasonably be expected to have an unreasonable adverse effect or prejudice future provision of information. For documents 5, 8, 9, 11, and 12, with appropriate deletions of confidential supplier information, the exemptions do not apply or are outweighed by the facts that much of...

Jurisdiction
Australia
Judgment Date
06 June 2007
Procedural Posture
Review of Administrative Decision / Final Decision After Substantive Hearing
Outcome
The Tribunal sets aside the decision under review in part.
Legal Topics
['access to Documents' 'business Affairs Exemptions' 'confidential Information' 'secrecy Provisions' 'joinder of Parties']
['administrative Law' 'freedom of Information'] ['access to Documents' 'business Affairs Exemptions' 'confidential Information' 'secrecy Provisions' 'joinder of Parties']

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Procedural Posture

Review of Administrative Decision / Final Decision After Substantive Hearing

Legal Issues

  1. 1 ['Whether documents requested are exempt from disclosure under the Freedom of Information Act and Casino Control Act due to business affairs, confidential information, or secrecy provisions' 'Whether the joinder of Star City as a respondent is appropriate' 'Application of s148(7) of the Casino Control Act to documents in dispute' 'Discretion to release exempt documents under the FOI Act']

Ratio Decidendi

Documents 2, 3, and 4 are excluded from FOI Act access as their disclosure could enable the identity of a confidential source in relation to law enforcement or administration, pursuant to s148(7)(a)(ii) of the Casino Control Act 1992. Documents 1, 6, 7, and 10 are exempt under the business affairs and confidential information exemptions in the FOI Act, and/or s148(7)(b)(iii) Casino Control Act; their release could reasonably be expected to have an unreasonable adverse effect or prejudice future provision of information. For documents 5, 8, 9, 11, and 12, with appropriate deletions of confidential supplier information, the exemptions do not apply or are outweighed by the facts that much of...

Court Disposition

The Tribunal sets aside the decision under review in part.

Orders

  • ['Documents 5, 8, 9, 11 and 12 (as identified in the Schedule dated 31 March 2006) are to be released, subject to deletions in accordance with these reasons.' 'The release of additional material is to take place 28 days after the date of this decision.' 'Access to documents 1, 2, 3, 4, 6, 7 and 10 is refused.'...