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Administrative law

Telfer v Commissioner of Police, NSW Police Force

The Tribunal affirmed the police decision on a GIPA access application, finding reasonable searches and that privacy and secrecy provisions justified refusals and redactions.

  • Reasonable searches
  • Overriding public interest against disclosure
  • Personal information
  • Secrecy provisions
  • Form of access
  • Body-worn video
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Administrative law

Efremov v NSW Health Administration Corporation

The Appeal Panel allowed the appeal, finding procedural unfairness in the admission of late evidence and error in the treatment of demonstrable importance under the GIPA Act.

  • Procedural fairness
  • Unreasonable and substantial diversion of resources
  • Related access applications
  • Leave to appeal
  • Discretionary error
  • Demonstrable importance of information to applicant
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Administrative law

Adams v Hornsby Shire Council

The Tribunal set aside a Council GIPA decision and remitted it because the evidence did not address the hard copy archive, leaving searches unresolved.

  • Gipa access application
  • Reviewable decision
  • Reasonable searches
  • Information not held
  • Tribunal remission
  • Gipa-access-application
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Administrative law

HTB v Secretary, Department of Communities and Justice

The Tribunal affirmed a GIPA refusal over child protection information, finding the withheld material was covered by s 29 of the Care Act and therefore protected by a conclusive presumption against disclosure.

  • Gipa access application
  • Conclusive presumption against disclosure
  • Confidential child protection reports
  • Partial access and redaction
  • Tribunal confidential hearing
  • Gipa-access
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Administrative law

Jenkins v Commissioner of Police, NSW Police Force

The Tribunal affirmed the refusal to release firearms policy meeting documents, finding disclosure could harm intergovernmental relations, deliberations, law enforcement functions and some material was exempt.

  • Gipa
  • Overriding public interest against disclosure
  • Confidential information
  • Deliberative process
  • Law enforcement information
  • Intergovernmental relations
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Administrative law

HKC v Commissioner of Police, NSW Police Force

The Appeal Panel refused leave to appeal and dismissed an appeal from the refusal of an extension of time in GIPA review proceedings.

  • Leave to appeal from interlocutory decision
  • Extension of time
  • Reasonable excuse for delay
  • Procedural fairness
  • Statement of reasons
  • Costs
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Administrative law

Efremov v Health Administration Corporation

The Tribunal partly allowed review of GIPA access refusals, setting aside and remitting some decisions about HCCC-related material, while affirming the rest.

  • Gipa access application
  • Excluded information
  • Conclusive presumption against disclosure
  • Hccc complaints and investigation
  • Tribunal review of agency decision
  • Gipa-access
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Administrative law

Seremetis v NSW Department of Justice

The Tribunal affirmed a decision to limit access to correctional-centre CCTV footage to view-only access, finding privacy and security concerns outweighed disclosure.

  • Public interest test
  • Access to cctv footage
  • Correctional centre security
  • Personal information
  • Secrecy provisions
  • Form of access
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Administrative law

Tebbutt v Minister for Lands and Water

The Tribunal partly affirmed and partly set aside a GIPA refusal, upholding client legal privilege and parliamentary privilege claims but ordering access to one redacted item.

  • Client legal privilege
  • Parliamentary privilege
  • Agency burden of proof
  • Correct respondent identity
  • Partial access to government information
  • Client-legal-privilege
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Administrative law

Smolenski v Commissioner of Police, NSW Police

Review of a GIPA access refusal concerning police recruitment material. The Tribunal partly affirmed the decision, but ordered access to some email metadata and interview comments.

  • Public interest test
  • Access to government information
  • Confidential information between agencies
  • Personal information
  • Police recruitment and vetting
  • Government-information-access
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.