Byrne v Cowra Shire Council [2013] NSWADT 26

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Byrne v Cowra Shire Council [2013] NSWADT 26 Hearing dates: On the papers Decision date: 04 February 2013 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: The Tribunal varies the decision of the Agency so as to release the report and attachments subject to the deletion of: (a) paragraph 137 of the report; and (b) the registration numbers of vehicles belonging to third parties, and the names and addresses of third parties in documents 114D and 115D. Catchwords: Government Information Public Access - personal information Legislation Cited: Administrative Decisions Tribunal Act 1997 Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 Cases Cited: Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Category: Principal judgment Parties: John Byrne (Applicant) Cowra Shire Council (Respondent) Representation: J Byrne (Applicant in person) Bradley Allen Love (Respondent) File Number(s): 123053

reasons for decision

Introduction 1On 28 October 2010 Mr Byrne's solicitors sought access form Cowra Shire Council (the Agency) under the Government Information (Public Access) Act 2009 (the GIPA Act) to "a copy of the Report from Williams Love Nicol (sic) relating to matters of dispute resolution between our client, Mr John Byrne, Byrne Demolitions and Council" (the report). The dispute concerned Mr Byrne's complaints about the behaviour of certain council officers and contractors. 2On 17 December 2010 the Agency refused to give Mr Byrne access to the report. He subsequently sought a review by the Information Commissioner. 3On 7 February 2012 the Information Commissioner issued its report in which it recommended that the Agency make a new decision by way of internal review in the light of the guidance contained in the Information Commissioner's report. The Agency was asked to advise Mr Byrne of its intended actions by 17 February 2012. 4On 6 March 2012 Mr Byrne filed an application to review the original decision of the Agency in this Tribunal, the Agency having not issued a further decision. At a planning meeting held on 3 April 2012 the Agency advised that it intended to issues a fresh decision. 5The Agency subsequently on 19 April 2012 issued a further decision in which it determined to allow Mr Byrne to "inspect the report in full at the Cowra Shire Council officers and to take notes, but not to take copies under a s73(2) of the GIPA Act." The decision maker was the Agency's General Manager. He wrote that he had determined that "there is no overriding public interest against disclosure of the information sought." Because third parties were entitled to seek a review of the decision to allow Mr Byrne to access the report, he determined, subject to any review requests, that the report would not be available to Mr Byrne until 15 June 2012. 6This was not acceptable to Mr Byrne who wished to have full and unrestricted access. Additionally, third parties objected to the release of personal information to Mr Byrne. 7At a planing meeting held on 26 June 2012 the Tribunal directed the Agency to file and serve a redacted copy of the report, and to identify the basis on which each redaction had been made. 8On 2 July 2012 the Respondent filed and served a redacted version of the Report which omitted the following parts: (a) the amount quoted by Hooter's Bobcat & Tipper Hire for the Redfern Street demolition job in Paragraph 102 of the Report; (b) Paragraph 137, which is personal information about Michael Ryan, a Council contractor, not relevant to the complaint by Mr Byrne; (c) The names of staff performing positions below the level of Director in Attachment 2 to the Report; (d) The contract price in Attachment 13A to the Report; (e) The number plate details and names and addresses of the third party recipients of traffic infringement notices in Attachments 14D and 15D to the Report; and (f) The amount quoted by Hooters Bobcat & Tipper Hire for the Redfern Street demolition job in Attachments l4H and 14I to the Report. 9The release of the report with attachments in redacted form did not satisfy Mr Byrne. Consequently, the Tribunal, at a planning meeting held on 21 August 2012 with the agreement of the parties, made directions for the filing of submissions by both parties, the time for which closed on 2 October 2012. 10The Agency has filed submissions in accordance with those directions, and had provided the Tribunal with an unredacted copy of the report on a confidential basis. Otherwise, the Agency had not relied on any other evidence or material. Mr Byrne has not filed any submissions or other material. 11The Agency's submissions revealed that of the redacted items in paragraph 8 above, items (a), (c), (d) and (f) were no longer pressed by the Agency. Copies had been made available to Mr Byrne. That left only items (b) and (e) for determination by the Tribunal.