Fraser v SafeWork NSW [2019] NSWCATAD 227

Fraser v SafeWork NSW [2019] NSWCATAD 227

Disclosure of the information requested by the applicant could reasonably be expected to constitute a contravention of s 271 of the Work Health and Safety Act 2011, since none of the statutory exceptions (including consent) apply. The public interest against disclosure therefore outweighs the considerations in favour of disclosure, and the respondent's decision to withhold the information was the correct and preferable decision.

Parties
Applicant: Stuart Fraser; Respondent: SafeWork NSW
Jurisdiction
Australia
Judgment Date
31 October 2019
Procedural Posture
External Review of Administrative Decision / Final Decision
Outcome
Decision under review affirmed
Legal Topics
Access to Government Information, Public Interest Immunity, Secrecy Provisions, Freedom of Information
Administrative Law Access to Government Information Public Interest Immunity Secrecy Provisions Freedom of Information

Case Brief

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Parties

Stuart Fraser

Applicant

SafeWork NSW

Respondent

Procedural Posture

External Review of Administrative Decision / Final Decision

Legal Issues

  1. 1 Whether disclosure of information could reasonably be expected to constitute a contravention of the Work Health and Safety Act 2011 (NSW)
  2. 2 Whether exceptions to non-disclosure in s 271 of the WHS Act apply
  3. 3 Whether public interest considerations against disclosure outweigh public considerations in favour of disclosure

Ratio Decidendi

Disclosure of the information requested by the applicant could reasonably be expected to constitute a contravention of s 271 of the Work Health and Safety Act 2011, since none of the statutory exceptions (including consent) apply. The public interest against disclosure therefore outweighs the considerations in favour of disclosure, and the respondent's decision to withhold the information was the correct and preferable decision.

Court Disposition

Decision under review affirmed

Orders

  • The decision under review is affirmed.