Ekermawi v Great Lakes Council [2010] NSWADT 35

Ekermawi v Great Lakes Council [2010] NSWADT 35

The document was exempt under clause 13(b) of Schedule 1 to the Freedom of Information Act 1989 because it contained the identity and details of an informant who provided information to the Council in confidence; disclosure could prejudice future supply of such information by discouraging community members from assisting Council regulatory functions; and, on balance, disclosure would be contrary to the public interest in maintaining public cooperation and confidentiality of complainants. The correct and preferable decision was that the document should not be released.

Jurisdiction
Australia
Judgment Date
04 February 2010
Procedural Posture
Freedom of Information External Review of Refusal of Access to an Agency Document / Administrative Decisions Tribunal Decision After Hearing; Review of Council Determination Affirmed
Outcome
The Council's decision refusing access was affirmed.
Legal Topics
['exempt Documents' 'confidential Informants' 'documents Containing Confidential Material' 'personal Affairs Information' 'law Enforcement and Public Safety Exemptions' 'public Interest Balancing']
['freedom of Information' 'administrative Law' 'local Government'] ['exempt Documents' 'confidential Informants' 'documents Containing Confidential Material' 'personal Affairs Information' 'law Enforcement and Public Safety Exemptions' 'public Interest Balancing']

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Procedural Posture

Freedom of Information External Review of Refusal of Access to an Agency Document / Administrative Decisions Tribunal Decision After Hearing; Review of Council Determination Affirmed

Legal Issues

  1. 1 ['Whether a diary entry recording a telephone complaint to the Council was exempt from disclosure under Schedule 1 to the Freedom of Information Act 1989.' "Whether disclosure of the complainant's name and address would disclose information obtained in confidence, prejudice future supply of such information, and be contrary to the public interest." "Whether the complainant's identifying details were information concerning personal affairs whose disclosure would be unreasonable." 'Whether the identity of the informant was protected by law enforcement-related exemptions.']

Ratio Decidendi

The document was exempt under clause 13(b) of Schedule 1 to the Freedom of Information Act 1989 because it contained the identity and details of an informant who provided information to the Council in confidence; disclosure could prejudice future supply of such information by discouraging community members from assisting Council regulatory functions; and, on balance, disclosure would be contrary to the public interest in maintaining public cooperation and confidentiality of complainants. The correct and preferable decision was that the document should not be released.

Court Disposition

The Council's decision refusing access was affirmed.

Orders

  • ['The decision is affirmed.']