Townley v Department of Planning, Housing and Infrastructure and Premier of New South Wales [2025] NSWCATAD 23

Townley v Department of Planning, Housing and Infrastructure and Premier of New South Wales [2025] NSWCATAD 23

The Respondent had reasonable grounds to claim the disputed record was 'cabinet information' under cl 2(1)(e) of Sch 1 to the GIPA Act, as the evidence satisfied the Tribunal that the record revealed a defined position of a Minister taken, or to be taken, in Cabinet.

Parties
Applicant: Sally Jane Townley; First Respondent: Department of Planning, Housing and Infrastructure; Second Respondent: Premier of New South Wales
Jurisdiction
Australia
Judgment Date
21 January 2025
Procedural Posture
Administrative Review / Decision After Hearing
Outcome
The Respondent's decision is affirmed to the extent it refuses access on the basis of 'cabinet information' under cl 2(1)(e) of Sch 1 to the GIPA Act.
Legal Topics
Access to Government Information, Cabinet Information, GIPA Act, Public Interest, Cabinet Confidentiality
Administrative Law Freedom of Information Access to Government Information Cabinet Information GIPA Act Public Interest Cabinet Confidentiality

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 2 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Sally Jane Townley

Applicant

Department of Planning, Housing and Infrastructure

First Respondent

Premier of New South Wales

Second Respondent

Procedural Posture

Administrative Review / Decision After Hearing

Legal Issues

  1. 1 Whether the requested documents are 'cabinet information' under cl 2(1)(e) of Sch 1 to the GIPA Act and exempt from disclosure
  2. 2 Whether the agency had reasonable grounds to refuse access under s 106 of the GIPA Act

Ratio Decidendi

The Respondent had reasonable grounds to claim the disputed record was 'cabinet information' under cl 2(1)(e) of Sch 1 to the GIPA Act, as the evidence satisfied the Tribunal that the record revealed a defined position of a Minister taken, or to be taken, in Cabinet.

Court Disposition

The Respondent's decision is affirmed to the extent it refuses access on the basis of 'cabinet information' under cl 2(1)(e) of Sch 1 to the GIPA Act.

Orders

  • The Respondent's decision, to the extent that it refuses access to information on the basis that it is 'cabinet information' pursuant to cl 2(1)(e) of Sch 1 to the GIPA Act, is affirmed.