Walton v Eurobodalla Shire Council [2022] NSWCATAD 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Walton v Eurobodalla Shire Council [2022] NSWCATAD 46 Hearing dates: 3 November 2021 Date of orders: 9 February 2022 Decision date: 09 February 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The correct and preferable decision is that the decision by the Council to impose a processing charge on 2 December 2020 is set aside. Catchwords: ADMINISTRATIVE LAW – Government Information (Public Access) Act -– GIPA – Decision to impose a processing charge – whether records required to be retrieved – whether decision period open to be extended by agency – whether information is personal information Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Government Information (Public Access) Regulation 2018 Freedom of Information Act 1989 (Repealed) Cases Cited: Alcan (NT) Alumina Pty Limited v Commissioner of Territory Revenue (2009) 239 CLR 27 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 Mannix v Department of Education and Communities [2014] NSWCATAD 35 Project Blue Sky v Australia Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Texts Cited: Macquarie Dictionary (online) Category: Principal judgment Parties: Nicholas Walton (Applicant) Eurobodalla Shire Council (Respondent) Representation: Solicitors: Applicant (Self-Represented) Lindsay Taylor Lawyers (Respondent) R Wilkins (Information Commissioner s 104(1)) File Number(s): 2021/00174070 Publication restriction: Nil