Kitson v Manly Council [2015] NSWCATAD 102

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kitson v Manly Council [2015] NSWCATAD 102 Hearing dates: 21 April 2015 Decision date: 18 May 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Kinross, Senior Member Decision: The decision that Council does not hold the information is affirmed. Catchwords: ADMINISTRATIVE REVIEW – access to information-whether resources reasonably available to facilitate the retrieval of information stored electronically were used- whether the agency holds the information-whether creation of new information or a new record or an update of a record was required Legislation Cited: Government Information (Public Access) Act 2009 Texts Cited: Australian Oxford Dictionary, 2004, Online Category: Principal judgment Parties: Bruce Kitson (Applicant) Manly Council (Respondent) Representation: Counsel: J E Lazarus (Respondent) Solicitors: B Kitson (Applicant in person) Maddocks Lawyers (Respondent) File Number(s): 1410517

REASONs

Introduction 1. Manly Council is considering a proposal to build a new car park under Manly Oval. The applicant is concerned to ensure that economic forecasts for the proposal are not based on throughput data that includes any category of non-revenue parking.

Access application 1. The applicant sought access under the Government Information (Public Access) Act 2009 (GIPA Act) to car parking information in the same format as the table contained in Supplementary to Environmental Services Division Report No. 23/2013" (Exhibit "NS-1", Tab 8; "Supplementary Report") together with "an additional line item covering the number of cars parking using the Resident card that was introduced on 1 July 2013" for the following periods: 1. a summary of an eight-month sub-set of the information contained in the Supplementary Report (Request 1); 2. 4 months of 2013/14 data in the same format as the Supplementary Report but including a further breakdown of the non-revenue car parking to include the Manly Resident Card (Request 2); 3. 2013/14 raw data in the same format as the Supplementary Report but including a further breakdown concerning the Manly Resident Card (Request 3). (Exhibit "NS-1", Tab 3, Access application)