Webb v Port Stephens Council [2017] NSWCATAD 271

Webb v Port Stephens Council [2017] NSWCATAD 271

The Tribunal accepted Mr Wickham's evidence about the searches undertaken by the Council and found that the Applicant had not provided credible material establishing that further searches would likely locate additional information. The Council's searches were reasonable for the purposes of s 53 of the GIPA Act. For the withheld information in matter 2016/00378165, the Tribunal accepted that disclosure could reasonably expose a person to intimidation or harassment and that considerations against release outweighed considerations in favour of release. Accordingly, the Council's decisions were the correct and preferable decisions and were affirmed.

Jurisdiction
Australia
Judgment Date
08 September 2017
Procedural Posture
External Review of Decisions on Access Applications Under the Government Information (public Access) Act 2009 / Hearing and Principal Judgment in the Administrative and Equal Opportunity Division
Outcome
The Council's decisions were affirmed.
Legal Topics
['government Information (public Access) Act 2009' 'sufficiency of Searches by Agency' 'information Held by Agency' 'public Interest Against Disclosure' 'personal Information' 'risk of Harm or Serious Harassment or Serious Intimidation']
['administrative Law' 'government Information Access' 'privacy'] ['government Information (public Access) Act 2009' 'sufficiency of Searches by Agency' 'information Held by Agency' 'public Interest Against Disclosure' 'personal Information' 'risk of Harm or Serious Harassment or Serious Intimidation']

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Procedural Posture

External Review of Decisions on Access Applications Under the Government Information (public Access) Act 2009 / Hearing and Principal Judgment in the Administrative and Equal Opportunity Division

Legal Issues

  1. 1 ['Whether Port Stephens Council undertook reasonable searches for information requested in access applications 2016/00378011, 2016/00378010 and 2016/00377987.' 'Whether information withheld in access application 2016/00378165 was subject to an overriding public interest against disclosure.' 'Whether release of withheld information could reasonably be expected to reveal personal information, contravene privacy principles, or expose a person to a risk of harm or serious harassment or serious intimidation.']

Ratio Decidendi

The Tribunal accepted Mr Wickham's evidence about the searches undertaken by the Council and found that the Applicant had not provided credible material establishing that further searches would likely locate additional information. The Council's searches were reasonable for the purposes of s 53 of the GIPA Act. For the withheld information in matter 2016/00378165, the Tribunal accepted that disclosure could reasonably expose a person to intimidation or harassment and that considerations against release outweighed considerations in favour of release. Accordingly, the Council's decisions were the correct and preferable decisions and were affirmed.

Court Disposition

The Council's decisions were affirmed.

Orders

  • ['The decision by Port Stephens Council in regard to each of matters 2016/00378011; 2016/00378010; 2016/00377987; 2016/00378165 is affirmed.']