Woolley v Lismore City Council [2013] NSWADT 10

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Woolley v Lismore City Council [2013] NSWADT 10 Hearing dates: 19 November 2011, 16 and 26 July 2012 Decision date: 16 January 2013 Jurisdiction: General Division Before: S Higgins, Deputy President Decision: 1.The decision of the respondent in regard to the information in Dr Taylor's report and his email of 23 February 2005 (document 44 and annexure B to document 69) is affirmed. 2.The decision of the respondent in regard to the information in Mr Harrison's correspondence and his report (document 43, 50 and 69) which, if disclosed, will reveal the substance of the legal advice of Dr Taylor is affirmed. 3.The decision of the respondent in regard to the information that is the name of AB and other officers of the respondent is set aside and in substitution thereof a decision to grant the applicants access to that information. 4.The decision of the respondent in regard to the information in the body of the Memorandum dated 4 March 2005 is set aside and in substitution thereof a decision to grant the applicants access to that information. 5.The decision of the respondent in regard to the remaining information in the body of document 53, 63, 66, 69 (i.e. the report and annexures B, E, F and G) is set aside and in substitution thereof a decision to grant the applicants access to this information under paragraph 72(1)(a) of the Government Information (Public Access) Act 2009. 6.Further to order 3 and 4 above, the respondent to provide the applicants with a full copy of the Memorandum of 4 March 2005 and a further copy of document 43, 44, 47 and 60 with the name of AB and the other officers of the respondent disclosed. Legislation Cited: Administrative Decisions Tribunal Act 1997 Evidence Act 1995 (NSW) Freedom of Information Act 1982 (Cth) Freedom of Information Act 1989 (NSW)(repealed) Government Information (Public Access) Act 2009 Independent Commission Against Corruption Act 1998 Local Government Act 1993 Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR180 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Mann v Carnell (1999) 201 CLR 1 McKinnon v Blacktown City Council [2012] NSWADT 44 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Osland v Secretary of the Department of Justice [2008] HCA 37 Category: Principal judgment Parties: Ian Craig Woolley (First applicant) Lynette June Woolley (Second applicant) Lismore City Council (Respondent) Representation: Grahams Solicitors (Applicants) McCartney Young Lawyers (Respondent) File Number(s): 113066