X -v- Director General, Department of Community Services & anor; Director General, Department of Community Services -v- X & anor (GD) [2000] NSWADTAP 23

X -v- Director General, Department of Community Services & anor; Director General, Department of Community Services -v- X & anor (GD) [2000] NSWADTAP 23

The Appeal Panel upheld the previous Tribunal's determination that material capable of assisting in the identification of informants is legitimately withheld under s 4(1)(b) of the FOI Act; no error of law or fact in this approach; other deleted material related to identity, which is properly exempt, except for the entries under 'Agencies Involved' in certain documents, where agency did not justify their protection.

Parties
Applicant/appellant/first Respondent: X; Respondent/appellant/first Respondent: Director General, Department of Community Services; Second Respondent: The Premier of New South Wales
Jurisdiction
Australia
Judgment Date
06 December 2000
Procedural Posture
Administrative Law Appeal / Appeal Panel Hearing and Determination
Outcome
Partly dismissed and partly allowed; appeals determined.
Legal Topics
Suppression Orders, Access to Documents, Exempt Documents, Confidentiality in Child Protection Notifications
Administrative Law Freedom of Information Suppression Orders Access to Documents Exempt Documents Confidentiality in Child Protection Notifications

Case Brief

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Parties

X

Applicant/appellant/first Respondent

Director General, Department of Community Services

Respondent/appellant/first Respondent

The Premier of New South Wales

Second Respondent

Procedural Posture

Administrative Law Appeal / Appeal Panel Hearing and Determination

Legal Issues

  1. 1 Whether material deleted from documents should be disclosed to FOI applicant under Freedom of Information Act 1989
  2. 2 Whether Tribunal erred in accepting agency's opinion regarding malicious notification
  3. 3 Whether identifiers of informants are exempt from release

Ratio Decidendi

The Appeal Panel upheld the previous Tribunal's determination that material capable of assisting in the identification of informants is legitimately withheld under s 4(1)(b) of the FOI Act; no error of law or fact in this approach; other deleted material related to identity, which is properly exempt, except for the entries under 'Agencies Involved' in certain documents, where agency did not justify their protection.

Court Disposition

Partly dismissed and partly allowed; appeals determined.

Orders

  • Appeal 009003 is dismissed with no order for costs.
  • Appeal 009004 is allowed in part with no order for costs.