Park v Transport for NSW (No 2) [2018] NSWCATAD 134

Park v Transport for NSW (No 2) [2018] NSWCATAD 134

All claimed documents, except for one email, fell within the definition of Cabinet information under cl 2, Sch 1 of the GIPA Act, attracting a conclusive presumption against disclosure. NCAT affirmed the agency's refusal, save for document 2.20, for which the agency withdrew its Cabinet claim.

Jurisdiction
Australia
Judgment Date
28 June 2018
Procedural Posture
Administrative Review (ncat) / Final Determination, Orders
Outcome
Decision of respondent affirmed except for one document; document 2.20 to be released.
Legal Topics
['cabinet Information Exemption' 'government Information (public Access) Act' 'access to Government Information' 'public Interest Considerations']
['administrative Law' 'freedom of Information' 'government Information'] ['cabinet Information Exemption' 'government Information (public Access) Act' 'access to Government Information' 'public Interest Considerations']

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Procedural Posture

Administrative Review (ncat) / Final Determination, Orders

Legal Issues

  1. 1 ["Whether the withheld documents are 'Cabinet information' under cl 2, Sch 1 of the GIPA Act" "Whether the respondent's refusal to disclose documents was justified under the conclusive presumption against disclosure" "Statutory construction of 'Cabinet information' and 'documents' in the GIPA Act"]

Ratio Decidendi

All claimed documents, except for one email, fell within the definition of Cabinet information under cl 2, Sch 1 of the GIPA Act, attracting a conclusive presumption against disclosure. NCAT affirmed the agency's refusal, save for document 2.20, for which the agency withdrew its Cabinet claim.

Court Disposition

Decision of respondent affirmed except for one document; document 2.20 to be released.

Orders

  • ['In proceedings 2017/00069686 the decision of the respondent is affirmed in respect of documents: 1.2, 2.3, 2.7, 2.8, 2.9, 2.11a, 2.11b, 2.11c, 2.12 and 2.14.' 'In proceedings 2017/00129838 the decision of the respondent is affirmed in respect of documents: 2.15a, 2.16a and 2.20a.' 'In proceedings 2017/00129838 the...