Patrick v Secretary, Department of Communities and Justice & Premier of NSW [2025] NSWCATAD 33

Patrick v Secretary, Department of Communities and Justice & Premier of NSW [2025] NSWCATAD 33

The Tribunal found that the responsive documents were prepared for submission to Cabinet for approval for use at the Budget Estimates hearing and thus satisfied the definition of Cabinet information under cl 2(1)(c) Sch 1 GIPA Act; reasonable grounds existed for the agency's claim, no public disclosure approval was established, and documents were not solely factual material, warranting dismissal of the application.

Parties
Applicant: Rex Patrick; First Respondent: Secretary, Department of Communities and Justice; Second Respondent: Premier of NSW; Also Heard: Information Commissioner
Jurisdiction
Australia
Judgment Date
04 February 2025
Procedural Posture
Administrative Review / Judgment
Outcome
Application dismissed
Legal Topics
Government Information Access, Cabinet Information Exception, Overriding Public Interest, Statutory Interpretation
Administrative Law Freedom of Information Government Information Access Cabinet Information Exception Overriding Public Interest Statutory Interpretation

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 5 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Rex Patrick

Applicant

Secretary, Department of Communities and Justice

First Respondent

Premier of NSW

Second Respondent

Information Commissioner

Also Heard

Procedural Posture

Administrative Review / Judgment

Legal Issues

  1. 1 Whether the 'House Folder Notes' are Cabinet information under cl 2(1)(c) Sch 1 Government Information (Public Access) Act 2009
  2. 2 Whether reasonable grounds exist for the agency's Cabinet information claim under s 106 GIPA Act

Ratio Decidendi

The Tribunal found that the responsive documents were prepared for submission to Cabinet for approval for use at the Budget Estimates hearing and thus satisfied the definition of Cabinet information under cl 2(1)(c) Sch 1 GIPA Act; reasonable grounds existed for the agency's claim, no public disclosure approval was established, and documents were not solely factual material, warranting dismissal of the application.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.