Wojciechowska v Blue Mountains City Council [2020] NSWCATAD 264

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wojciechowska v Blue Mountains City Council [2020] NSWCATAD 264 Hearing dates: 1 May 2020 Date of orders: 27 October 2020 Decision date: 27 October 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: M Easton, Senior Member Decision: (1) The Respondent's decision of 22 January 2020 is set aside in relation to the following matters: (a) Whether Council holds any further information in relation to a Sydney Water building plan approval receipt; and (b) Whether Council holds any further information in relation to records within Council's HPE MR system that contain information about the dates received and person/s receiving information, or information of that kind, referred to in paragraphs (1), (3)-(7) of the access application. (2) The respondent is to conduct further searches under s 53 of the GIPA Act for information described in Order 1(a) and 1(b) and, subject to the provisions of Division 3 of Part 4 of the GIPA Act, provide the applicant with access to any responsive information. (3) The respondent's decision of 22 January 2020 is otherwise affirmed. Catchwords: GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 - access to government information – whether the respondent holds any further information in relation to identified categories Legislation Cited: Government Information (Public Access) Act 2009 Cases Cited: Amos v Central Coast Council [2019] NSWCATAD 226 Bellamy v Transport for NSW [2019] NSWCATAD 54 Jones v Dunkel (1959) 101 CLR 298 Stanley v Roads and Maritime Service (NSW) [2014] NSWCATAD 123 Webb v Port Stephens Council [2018] NSWCATAP 224 Texts Cited: Nil Category: Principal judgment Parties: Paulina Wojciechowska (Applicant) Blue Mountains City Council (Respondent) Representation: Solicitors: Applicant (Self Represented) Marsdens Law Group (Respondent) File Number(s): 2019/00234255 Publication restriction: Nil