Eyes v Wyong Shire Council [2015] NSWCATAD 214

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Eyes v Wyong Shire Council [2015] NSWCATAD 214 Hearing dates: 30 June 2015 Date of orders: 19 October 2015 Decision date: 19 October 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The decision under review is set aside. 2. The decision is made that the unredacted SGS Report is to be released to the Applicant. Catchwords: Government Information (Public Access) - whether public interest considerations against disclosure outweigh the public interest considerations favouring disclosure - whether information already disclosed Legislation Cited: Government Information (Public Access) Act 2009 Cases Cited: Flack v Commissioner of Police, NSW Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Category: Principal judgment Parties: Laurie Eyes (Applicant) Wyong Shire Council (Respondent) Representation: L Eyes (Applicant in person)

Counsel: Z Heger (Respondent)

Solicitors: M Domingo (Respondent) File Number(s): 1410659

REASONS FOR DECISION 1. The Applicant seeks access, under the Government Information (Public Access) Act 2009 ("the GIPA Act"), to information held by the Wyong Shire Council ("the Respondent" or "the Council"). In his access application he requested: Copy of "SGS Economics and Planning" Economic and Viability Report: including 1. Background report and demand analysis 2. Quantification of economic benefits and constraints 3. Economic feasibility and viability of development of an education and business precinct for Wyong Education & Business Precinct Master Plan Warnervale University 1. The Respondent's search located a single document ("the SGS Report") as falling within the scope of the request. It is identified as: Document D04275799 SGS Warnervale Business and Education Precinct Report 1. The Respondent's decision was to refuse to provide the Applicant with access to the SGS Report. In support of that decision, the Respondent determined: a. that the release of the SGS Report could reasonably be expected to prejudice the effective exercise of the Council's functions: GIPA Act, Table to s. 14, clause 1(f); b. that the release of the SGS Report could reasonably be expected to prejudice the Council's legitimate business and commercial interests: GIPA Act, Table to s. 14, clause 4(d); and c. that there was an overriding public interest against disclosure because, on balance, the public interest considerations against disclosure outweighed the public interest considerations in favour of disclosure: GIPA Act, s. 13. 1. The Applicant has applied to the Tribunal for review of the Respondent's determination