Styles v Wollondilly Shire Council [2023] NSWCATAD 176

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Styles v Wollondilly Shire Council [2023] NSWCATAD 176 Hearing dates: On the papers Date of orders: 07 July 2023 Decision date: 07 July 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: D Ziegler, Senior Member Decision: (1) A hearing is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013. (2) The decision by the Council to impose a processing charge on 19 April 2023 is set aside. Catchwords: ADMINISTRATIVE LAW – Government Information (Public Access) Act – Decision to impose a processing charge – whether information is personal information. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Texts Cited: Oxford English Dictionary (Oxford University Press, 2022). Category: Principal judgment Parties: Lynette Styles (Applicant) Wollondilly Shire Council (Respondent) Representation: Self-represented (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2023/00135625 Publication restriction: Nil

REASONS FOR DECISION 1. This is an application for administrative review of a decision of Wollondilly Shire Council concerning an application for access to information made by Ms Styles under the Government Information (Public Access) Act 2009 (NSW) (the GIPA Act). 2. Specifically, the matter I am required to decide concerns a decision by the Council to impose a processing charge prior to the release of information to Ms Styles. 3. For the reasons that follow, I have decided to set aside the decision of the Council to impose a processing charge.