Watkins -v- Chief Executive, Roads and Traffic Authority [2000] NSWADT 11

Watkins -v- Chief Executive, Roads and Traffic Authority [2000] NSWADT 11

The documents in dispute contain information obtained in confidence from an informant who was given an undertaking of anonymity, and disclosure could reasonably be expected to prejudice the future supply of such information to the RTA. It would, on balance, be contrary to the public interest to disclose such information. The claim to exemption under cl 13(b) is made out and the refusal of access is affirmed.

Parties
Applicant: Thomas Douglas Watkins; Respondent: Chief Executive, Roads and Traffic Authority
Jurisdiction
Australia
Judgment Date
01 February 2000
Procedural Posture
Appeal Under the Freedom of Information Act 1989 (nsw) / Principal Matter Review of Refusal of Access to Documents
Outcome
Reviewable decision affirmed; access to the documents refused.
Legal Topics
Access to Government Documents, Exemptions to Disclosure, Public Interest Immunity, Confidential Informants
Administrative Law Freedom of Information Access to Government Documents Exemptions to Disclosure Public Interest Immunity Confidential Informants

Case Brief

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Parties

Thomas Douglas Watkins

Applicant

Chief Executive, Roads and Traffic Authority

Respondent

Procedural Posture

Appeal Under the Freedom of Information Act 1989 (nsw) / Principal Matter Review of Refusal of Access to Documents

Legal Issues

  1. 1 Whether documents relating to the informant's report are exempt from disclosure under clauses 4(1)(b) and 13(b) of Schedule 1 of the Freedom of Information Act 1989 (NSW)
  2. 2 Whether the disclosure of the documents is contrary to the public interest

Ratio Decidendi

The documents in dispute contain information obtained in confidence from an informant who was given an undertaking of anonymity, and disclosure could reasonably be expected to prejudice the future supply of such information to the RTA. It would, on balance, be contrary to the public interest to disclose such information. The claim to exemption under cl 13(b) is made out and the refusal of access is affirmed.

Court Disposition

Reviewable decision affirmed; access to the documents refused.

Orders

  • The reviewable decision is affirmed.