WG v Land and Property Management Authority [2010] NSWADT 243

WG v Land and Property Management Authority [2010] NSWADT 243

The report contained personal affairs information about WG, and release under the Freedom of Information Act 1989 would be release to the world. Although the report concerned past matters and there was a public interest in release of its substance because it addressed serious allegations against a senior departmental officer and exonerated him, it would be unreasonable to disclose information exposing WG's identity, marriage and subsequent property settlement, personal circumstances, and place of residence. Because those matters could be readily and practicably deleted without depriving the report of coherence, the correct and preferable decision was to vary the decision so that the...

Jurisdiction
Australia
Judgment Date
13 October 2010
Procedural Posture
Application for Administrative Review of a Freedom of Information Act 1989 Decision to Release a Report Containing Personal Affairs Information / Determined on the Papers After Submissions Closed
Outcome
Decision varied
Legal Topics
['access to Documents' 'personal Affairs Exemption' 'unreasonable Disclosure' 'third Party Consultation' 'redaction of Exempt Matter']
['administrative Law' 'freedom of Information' 'privacy'] ['access to Documents' 'personal Affairs Exemption' 'unreasonable Disclosure' 'third Party Consultation' 'redaction of Exempt Matter']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Administrative Review of a Freedom of Information Act 1989 Decision to Release a Report Containing Personal Affairs Information / Determined on the Papers After Submissions Closed

Legal Issues

  1. 1 ["Whether disclosure of information in the report relating to WG's personal affairs would be unreasonable under clause 6 of Schedule 1 to the Freedom of Information Act 1989." 'Whether it was practicable to give access to the report with exempt personal affairs material deleted under s 25(4) of the Freedom of Information Act 1989.' "The scope of the Tribunal's jurisdiction on a third party review initiated after consultation about personal affairs information."]

Ratio Decidendi

The report contained personal affairs information about WG, and release under the Freedom of Information Act 1989 would be release to the world. Although the report concerned past matters and there was a public interest in release of its substance because it addressed serious allegations against a senior departmental officer and exonerated him, it would be unreasonable to disclose information exposing WG's identity, marriage and subsequent property settlement, personal circumstances, and place of residence. Because those matters could be readily and practicably deleted without depriving the report of coherence, the correct and preferable decision was to vary the decision so that the...

Court Disposition

Decision varied

Orders

  • ['The Tribunal varies the decision under review so that 30 days from the publication of these reasons the report is to be released to the Access Applicant with the deletion of references to WG, her marriage and subsequent property settlement, her personal circumstances and her place of residence.']