Styles v Wollondilly Shire Council [2023] NSWCATAD 315

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Styles v Wollondilly Shire Council [2023] NSWCATAD 315 Hearing dates: On the papers Date of orders: 12 December 2023 Decision date: 12 December 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: 1. The Tribunal being satisfied that the issues for determination in this matter can be adequately determined in the absence of the parties, by considering the submissions and material lodged by them, dispenses with a hearing in this matter. 2. The decision under review is set aside and remitted to Wollondilly Shire Council for reconsideration in accordance with the direction that all the information in email chains 1, 2 and 3 be disclosed to Ms Styles, such reconsideration to be completed within 30 days of publication of these reasons. Catchwords: ADMINISTRATIVE LAW — Freedom of information — Access to information — administrative review of decision under Government Information (Public Access) Act 2009 — whether reasonable searches undertaken for information responsive to access application — burden of proof that reasonable searches undertaken on agency — whether public interest considerations against disclosure made out — burden on agency to demonstrate each public interest consideration against disclosure relied on — no such burden on access applicant. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Freedom of Information Act 1982 (Cth) Government Information (Public Access) Act 2009 Cases Cited: AIN v Medical Council of New South Wales [2015] NSWCATAP 241 Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 General Manager, Workcover Authority of NSW v Law Society of NSW [2006] NSWCA 84 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Nature Conservation Council of NSW v Department of Trade and Investment, Regional Infrastructure and Services [2012] NSWADT 195]; McKinnon v Secretary, Department of Treasury [2006] HCA 45 Miriani v Transport for NSW [2021] NSWCATAD 16 Peacock v Commissioner of Police, NSW Police Force [2019] NSWCATAD 20 Samandi v NSW Department of Communities and Justice [2020] NSWCATAD 286 Seremetis v Commissioner of Police [2020] NSWCATAD 317 Styles v Wollondilly Shire Council [2023] NSWCATAD 176 Toplace Pty Ltd v City of Parramatta [2021] NSWCATAD 149 Waterford v Commonwealth (1987) 163 CLR 54 Wojciechowska v Commissioner of Police [2020] NSWCATAP 257 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 XZ v Commissioner of Police, NSW Police Force [2009] NSWADTAP 2 Texts Cited: None Category: Principal judgment Parties: Lynette Styles (Applicant) Wollondilly Shire Council (Respondent) Representation: Solicitors: Applicant (Self-Represented) Lindsay Taylor Lawyers (Respondent) File Number(s): 2023/00242487 Publication restriction: None