Park v Transport for NSW [2018] NSWCATAD 82

Park v Transport for NSW [2018] NSWCATAD 82

The respondent established reasonable grounds for its Cabinet information claims for some documents, including documents 1.3, 2.10, 2.13, 1.6, 2.1, 1.1/2.5 and 2.6, because affidavit and confidential evidence sufficiently connected those documents to Cabinet submissions, Cabinet minutes, the Expenditure Review...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 April 2018
Procedural Posture
NCAT Administrative Review of Decisions Refusing Access to Government Information Under the Government Information (public Access) Act 2009 / Principal Judgment on Whether There Were Reasonable Grounds for Cabinet Information Claims Under S 106 of the GIPA Act
Outcome
The respondent's decisions were set aside in respect of specified documents for which reasonable grounds for the Cabinet information claim were not established, otherwise affirmed, and the respondent was ordered to produce the remaining claimed information and assessment documents under s 106(2) of the GIPA Act.
Legal Topics
['government Information (public Access) Act 2009' 'cabinet Information' 'conclusive Presumption of Overriding Public Interest Against Disclosure' 'reasonable Grounds for Agency Claim' 'public Interest Considerations Against Disclosure' 'production of Information Under S 106(2)']
['administrative Law' 'access to Government Information'] ['government Information (public Access) Act 2009' 'cabinet Information' 'conclusive Presumption of Overriding Public Interest Against Disclosure' 'reasonable Grounds for Agency Claim' 'public Interest Considerations Against Disclosure' 'production of Information Under S 106(2)']

Source-derived case record

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Procedural Posture

NCAT Administrative Review of Decisions Refusing Access to Government Information Under the Government Information (public Access) Act 2009 / Principal Judgment on Whether There Were Reasonable Grounds for Cabinet Information Claims Under S 106 of the GIPA Act

Legal Issues

  1. 1 ["Whether there were reasonable grounds for Transport for NSW's claim that withheld documents were Cabinet information or Executive Council information under Sch 1 cl 2 of the GIPA Act." "Whether affidavit and confidential evidence was sufficient to establish that particular documents were prepared for the dominant purpose of submission to Cabinet or would reveal Cabinet deliberations or a Minister's Cabinet position." 'Whether, for documents where reasonable grounds were not established, the respondent should be required to produce the information and related assessment documents under s 106(2) of the GIPA Act.']

Ratio Decidendi

The respondent established reasonable grounds for its Cabinet information claims for some documents, including documents 1.3, 2.10, 2.13, 1.6, 2.1, 1.1/2.5 and 2.6, because affidavit and confidential evidence sufficiently connected those documents to Cabinet submissions, Cabinet minutes, the Expenditure Review Committee, or Cabinet-related purposes. However, for documents 1.2/2.3, 2.7, 2.8, 2.9, 2.11a, 2.11b, 2.11c, 2.12, 2.14, 2.15a, 2.16a, 2.20 and 2.20a, the evidence was too inferential, second-hand or uncertain, and the Tribunal was not satisfied that reasonable grounds for the Cabinet information claim had been established. It therefore set aside the respondent's decision in respect...

Court Disposition

The respondent's decisions were set aside in respect of specified documents for which reasonable grounds for the Cabinet information claim were not established, otherwise affirmed, and the respondent was ordered to produce the remaining claimed information and assessment documents under s 106(2) of the GIPA Act.

Orders

  • ['In proceedings 2017/00069686, the decision of the respondent is set aside 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 2017/00069686, the decision of the respondent is otherwise affirmed.' 'In proceedings 2017/00069686, pursuant to s 106(2) of the GIPA...