Services Sydney Pty Ltd v Independent Pricing and Regulatory Tribunal and anor [2008] NSWADT 100

Services Sydney Pty Ltd v Independent Pricing and Regulatory Tribunal and anor [2008] NSWADT 100

IPART failed to satisfy the Tribunal that disclosure of Documents 2, 5, 16, and 22 would have an unreasonable adverse effect or prejudice future supply of information; these documents are not exempt and Services Sydney should be granted access. In relation to Document 3, the Tribunal was satisfied it was properly exempt. Further evidence is required regarding Documents 23, 24, 25, 26, and 27.

Jurisdiction
Australia
Judgment Date
03 April 2008
Procedural Posture
External Review of Access to Documents Under FOI Act / Hearing and Decision, Some Matters Set Down for Further Directions
Outcome
The decision regarding Document 3 was affirmed; the decision regarding Documents 2, 5, 16, and 22 was set aside and access is granted to applicant; for Documents 23, 24, 25, 26, and 27, the matter is adjourned for further directions and production of documents on a confidential basis is ordered.
Legal Topics
['access to Government Documents' 'exemptions—business Affairs' 'internal Working Documents' 'confidential Material' 'cabinet Documents']
['administrative Law' 'freedom of Information'] ['access to Government Documents' 'exemptions—business Affairs' 'internal Working Documents' 'confidential Material' 'cabinet Documents']

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Procedural Posture

External Review of Access to Documents Under FOI Act / Hearing and Decision, Some Matters Set Down for Further Directions

Legal Issues

  1. 1 ['Whether documents are exempt under clauses 1(1)(a), 1(1)(e), 7(1)(c), 9(1)(a), or 13(b) of Schedule 1 of the Freedom of Information Act 1989 (NSW).' 'Whether IPART was correct in refusing access to documents requested under section 25 of the FOI Act.']

Ratio Decidendi

IPART failed to satisfy the Tribunal that disclosure of Documents 2, 5, 16, and 22 would have an unreasonable adverse effect or prejudice future supply of information; these documents are not exempt and Services Sydney should be granted access. In relation to Document 3, the Tribunal was satisfied it was properly exempt. Further evidence is required regarding Documents 23, 24, 25, 26, and 27.

Court Disposition

The decision regarding Document 3 was affirmed; the decision regarding Documents 2, 5, 16, and 22 was set aside and access is granted to applicant; for Documents 23, 24, 25, 26, and 27, the matter is adjourned for further directions and production of documents on a confidential basis is ordered.

Orders

  • ['The decision of IPART in regard to Document 3 is affirmed.' 'The decision of IPART in regard to Document 2, 5, 16, and 22 is set aside and Services Sydney is granted access to these documents.' 'On or before Tuesday 22 April 2008, IPART to provide to the Tribunal, on a confidential basis, a copy of Document 23,...