Webb v Port Stephens Council (No 3) [2018] NSWCATAP 286

Webb v Port Stephens Council (No 3) [2018] NSWCATAP 286

The Tribunal erred in failing to carry out the necessary balancing exercise in relation to open access information, and in not providing adequate reasons for its decisions regarding public interest considerations against disclosure under cl 3(1)(a), (b), (f) of the Table to s 14(2) of the GIPA Act. The Tribunal did not err regarding legal professional privilege or in other respects raised.

Parties
Appellant: Telina Webb; Respondent: Port Stephens Council
Jurisdiction
Australia
Judgment Date
30 November 2018
Procedural Posture
Administrative Law Appeal / Appeal From Tribunal Decision on Appeal
Outcome
Appeal allowed in part
Legal Topics
Merit Review, Government Information Access, Open Access Information, Legal Professional Privilege, Public Interest Considerations, Adequacy of Search, Procedural Fairness, Bias
Administrative Law Information Law Merit Review Government Information Access Open Access Information Legal Professional Privilege Public Interest Considerations Adequacy of Search +2 more

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Parties

Telina Webb

Appellant

Port Stephens Council

Respondent

Procedural Posture

Administrative Law Appeal / Appeal From Tribunal Decision on Appeal

Legal Issues

  1. 1 Whether the Tribunal failed to undertake the balancing exercise required when considering public interest against disclosure for open access information under the Government Information (Public Access) Act 2009 (NSW)
  2. 2 Whether Tribunal failed to give adequate reasons for conclusions regarding public interest considerations under s 14(2) of the GIPA Act
  3. 3 Whether Tribunal erred in its approach to legal professional privilege

Ratio Decidendi

The Tribunal erred in failing to carry out the necessary balancing exercise in relation to open access information, and in not providing adequate reasons for its decisions regarding public interest considerations against disclosure under cl 3(1)(a), (b), (f) of the Table to s 14(2) of the GIPA Act. The Tribunal did not err regarding legal professional privilege or in other respects raised.

Court Disposition

Appeal allowed in part

Orders

  • Time within which the appellant is to lodge her Notice of Appeal is extended to 12 January 2018.
  • The appeal is allowed in part.