Alam v Insurance and Care NSW [2020] NSWCATAD 148

Alam v Insurance and Care NSW [2020] NSWCATAD 148

The correct and preferable decision was that the respondent did not hold the information sought. Although there were reasonable grounds to believe that information about the applicant may have existed, the Tribunal was not persuaded that there were reasonable grounds to believe it was held by the respondent. In any event, the respondent identified its relevant systems, explained the searches conducted and the limits of searches requested, and established that its search efforts were reasonable in the circumstances, thereby discharging its onus under s 105 of the GIPA Act.

Jurisdiction
Australia
Judgment Date
05 June 2020
Procedural Posture
Administrative Review of a Decision Under S 58(1)(b) of the Government Information (public Access) Act 2009 (nsw) That Government Information Was Not Held by the Agency / External Review by the Civil and Administrative Tribunal of New South Wales; Principal Judgment After Hearing
Outcome
The respondent's decision made on 28 May 2019 was affirmed; no restraint order under s 110 of the GIPA Act was made; directions were made for submissions if the respondent pressed its costs application.
Legal Topics
['access to Government Information' 'whether Information Is Held by an Agency' 'reasonable Searches Under the GIPA Act' 'external Review by Ncat' 'restraining Unmeritorious Access Applications' 'costs Submissions']
['administrative Law' 'government Information Access' 'workers Compensation'] ['access to Government Information' 'whether Information Is Held by an Agency' 'reasonable Searches Under the GIPA Act' 'external Review by Ncat' 'restraining Unmeritorious Access Applications' 'costs Submissions']

Case Brief

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Procedural Posture

Administrative Review of a Decision Under S 58(1)(b) of the Government Information (public Access) Act 2009 (nsw) That Government Information Was Not Held by the Agency / External Review by the Civil and Administrative Tribunal of New South Wales; Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether there were reasonable grounds to believe that the requested information existed and was held by the respondent.' "Whether the respondent's search efforts to locate the requested information were reasonable in the circumstances." 'Whether the correct and preferable decision was that the requested information was not held by the respondent.' 'Whether a restraint order should be made under s 110 of the GIPA Act.' 'Whether directions should be made for submissions if the respondent pressed its costs application.']

Ratio Decidendi

The correct and preferable decision was that the respondent did not hold the information sought. Although there were reasonable grounds to believe that information about the applicant may have existed, the Tribunal was not persuaded that there were reasonable grounds to believe it was held by the respondent. In any event, the respondent identified its relevant systems, explained the searches conducted and the limits of searches requested, and established that its search efforts were reasonable in the circumstances, thereby discharging its onus under s 105 of the GIPA Act.

Court Disposition

The respondent's decision made on 28 May 2019 was affirmed; no restraint order under s 110 of the GIPA Act was made; directions were made for submissions if the respondent pressed its costs application.

Orders

  • ['The decision of the respondent made, on 28 May 2019, is affirmed.' 'In the event the respondent presses its application for cost, the respondent is to file and serve a short written submission on that issue within 14 days of the date of this decision.' 'In the event the respondent does press its application for...