Taylor v Mid-Coast Council [2019] NSWCATAD 92

Taylor v Mid-Coast Council [2019] NSWCATAD 92

The statutory declaration contained personal information of the current and former owners of the land, creating a public interest consideration against disclosure that outweighed the public interest in disclosure for those parts. However, part of the statutory declaration did not reveal personal information and could practicably be released with redactions. The correct and preferable decision was therefore to set aside the refusal decision and allow access to the statutory declaration with the specified personal information redacted.

Jurisdiction
Australia
Judgment Date
23 May 2019
Procedural Posture
Administrative Review Under the Government Information (public Access) Act 2009 (nsw) / Determined on the Papers
Outcome
The decision of the respondent to refuse access to the statutory declaration was set aside and a substitute decision was made requiring access with specified redactions.
Legal Topics
['government Information (public Access) Act 2009 (nsw)' 'public Interest Considerations' 'personal Information' 'redaction' 'third Party Consultation']
['administrative Law' 'government Information Access' 'privacy'] ['government Information (public Access) Act 2009 (nsw)' 'public Interest Considerations' 'personal Information' 'redaction' 'third Party Consultation']

Case Brief

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Procedural Posture

Administrative Review Under the Government Information (public Access) Act 2009 (nsw) / Determined on the Papers

Legal Issues

  1. 1 ['Whether there was an overriding public interest against disclosure of the statutory declaration accompanying the letter dated 17 April 2018 from Coastplan Consulting to Mid-Coast Council regarding the use of land at Lot 10 DP 1230599.' 'Whether access to the statutory declaration should be refused entirely or provided with personal information redacted.']

Ratio Decidendi

The statutory declaration contained personal information of the current and former owners of the land, creating a public interest consideration against disclosure that outweighed the public interest in disclosure for those parts. However, part of the statutory declaration did not reveal personal information and could practicably be released with redactions. The correct and preferable decision was therefore to set aside the refusal decision and allow access to the statutory declaration with the specified personal information redacted.

Court Disposition

The decision of the respondent to refuse access to the statutory declaration was set aside and a substitute decision was made requiring access with specified redactions.

Orders

  • ['The decision of the respondent to refuse access to the applicant to the statutory declaration accompanying the letter dated 17 April 2018 from Coastplan Consulting to the respondent regarding the use of land at Lot 10 DP 1230599 is set aside and in substitution for this decision make the decision that the...