Marchant v Bland Shire Council [2013] NSWADT 303

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Marchant v Bland Shire Council [2013] NSWADT 303 Hearing dates: On the papers Decision date: 31 December 2013 Jurisdiction: General Division Before: G Walker, Judicial member Decision: Decision under review set aside Catchwords: Access application - code of conduct complaint-whether would prejudice supply of information - personal information Legislation Cited: Administrative Decisions Tribunal Act 1997; Government Information (Public Access) Act 2009; Privacy and Personal Information Protection Act 1998 Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180; Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252; Commissioner of Police, NSW Police Force v Camilleri [2012] NSWADTAP 19; Director-General, Department of Education and Training v Mullett & anor [2002] NSWADTAP 13; Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409; Hurst v Wagga Wagga City Council [2011] NSWADT 307; Nature Conservation Council of NSW v Department of Trade and Investment [2012] NSWADT 195. Category: Principal judgment Parties: Guy Marchant (Applicant) Bland Shire Council (Respondent) Representation: G Marchant (Applicant in person) Ray Smith, General Manager, Bland Shire Council (Respondent) File Number(s): 133297

reasons for decision

Background 1On 9 October 2013 the applicant Mr Guy Marchant applied to this tribunal under s 100 of the Government Information (Public Access) Act 2009 (GIPA Act) for a review of a decision by the respondent Bland Shire Council dated 28 August 2013 to refuse in part access to certain information in the Council's possession. 2The applicant is an employee of the respondent council, which had received a letter of complaint dated 18 June 2013 making certain allegations against him. The council investigated the complaint as a possible breach of its Code of Conduct. The tribunal has not been provided with a copy of the code (although a version of it is reproduced on the council's website), but apparently it lays down certain standards for the conduct of council employees and procedures for handling complaints. The council also apparently has a separate Code of Conduct Procedures, but the tribunal has not been provided with a copy of it, nor does it appear on the council's website. 3In this case the complaint alleged failure by the applicant to comply with standards applicable to the removal of asbestos. Following an investigation, the council dismissed the complaint. 4The access application sought the following information: " Full copy of the complaint letter dated 18 June 2013 in regard to allegation made against myself (Guy Marchant), including full details of name and address of the author/signature of the complaint". As the information requested included information that was personal information of another person, the council had consulted with the writer of the letter under s 54 of the GIPA Act before deciding whether or not to provide access to the information. The person concerned made no objection to the release of the information. 5At a planning meeting by telephone conducted on 10 December 2013, the parties requested that the tribunal should proceed to decide the matter "on the papers", that is, without conducting a hearing, as contemplated by s 76 of the Administrative Decisions Tribunal Act 1997 (ADT Act). They also asked the tribunal to decide the application on the basis of the material already before it, as they preferred not to adduce any further evidence.