Hurst v Wagga Wagga City Council [2011] NSWADT 307

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Hurst v Wagga Wagga City Council [2011] NSWADT 307 Hearing dates: On the papers Decision date: 22 December 2011 Jurisdiction: General Division Before: P Molony, Judicial Member Decision: 1. The decision under review is set aside. 2. Instead the Tribunal determines that the respondent will provide the applicant, within 30 days of the publication of these reasons, with: (a) a copy of the internal audit report without deletions; and (b) copies of documents 4 and 5 (with attachments) subject to the deletions specified in paragraphs 79 and 87 of these reasons. Catchwords: Government Information Public Access - personal information - operation of agencies - conduct, effectiveness or integrity of any audit, test, investigation - false or unsubstantiated allegations about a person that are defamatory Legislation Cited: Administrative Decisions Tribunal Act 1997 Government Information (Public Access) Act 2009 Local Government Act 1993 Local Government (General) Regulation 2005 Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 McKinnon v Secretary, Department of Treasury [2006] HCA 45 XZ v Commissioner of Police, NSW Police Force [2009] NSWADTAP 2 Lower Burdekin Newspaper Company Pty Ltd and Lower Burdekin Shire Council [2004] QICmr 2 Re Stewart and Department of Transport, [1993] QICmr 6; (1993) 1 QAR 227 Re Milthorpe and Mt. Alexander Shire Council (1997) 12 VAR 105 Re Asher and Department of State and Regional Development [2002] VCAT 609 Texts Cited: Robinson, NSW Administrative Law (Thompson Reuters) Category: Principal judgment Parties: Peter Hurst (Applicant) Wagga Wagga City Council (Respondent) Representation: T Abbot (Applicant) L Taylor (Respondent) Information Commissioner File Number(s): 113057