The Government Information (Public Access) Act 2009 is generally assumed to have been designed to open up government information to the public. Nevertheless, the Act identifies broad categories of ‘excluded information‘ of certain agencies which are subject to a conclusive presumption…
Busting the myth: is information released under the GIPA Act really released ‘to the world’?
15 Aug, 2020
The release of information under the Government Information (Public Access) Act 2009 (GIPA Act) is commonly referred to as being a release to the world at large. However, this view erroneously conflates the requirement in the GIPA Act for the…
The NSW Civil and Administrative Tribunal has again dealt with a dispute concerning public access to copyright material under the Government Information (Public Access) Act 2009 (GIPA Act). While the facts of this case are similar to those of a case…
For the first time since 2016, the Civil and Administrative Tribunal has restrained an individual from making applications for access to information under the Government Information (Public Access) Act 2009 (GIPA Act).
Proposed Law Regarding Invasions of Privacy
15 Mar, 2020
On 27 February 2020, the Civil Remedies for Serious Invasions of Privacy Bill 2020 (Bill) was introduced to the New South Wales Legislative Assembly. The Bill proposes to create a statutory cause of action for the serious invasion of a…
Does it matter that the Applicant knows? – Disclosure of confidential and personal information under the GIPA Act
18 Feb, 2020
In NCAT proceedings concerning applications for access to government information made under the Government Information (Public Access) Act 2013 (GIPA Act), applicants sometimes argue that confidential information or the personal details of an informant should be released to them as…
The NSW Civil and Administrative Tribunal has further elaborated on the responsibilities of local councils in dealing with applications for access to copyright material under the Government Information (Public Access) Act 2009. Hoggett v Campbelltown City Council [2019] NSWCATAD 258…
Limits of Legal Professional Privilege
25 Aug, 2019
On 14 August 2019, the High Court of Australia in Glencore International AG v Commissioner of Taxation [2019] HCA 26 unanimously dismissed an application for an injunction to restrain the use of documents subject to legal professional privilege. The application was made…
Exceptions to prohibitions on disclosure of personal information- Council’s law enforcement powers
19 Aug, 2019
The NSW Civil and Administrative Tribunal has confirmed that it is not a breach of the Privacy and Personal Information Protection Act 1998 (‘PPIP Act‘) to disclose personal information to a local council to enable the council to carry out investigations…
The Privacy and Personal Information Protection Act 1998 (PPIP Act) creates 12 Information Protection Principles that NSW public sector agencies must follow when handling personal information. One of these principles is the restriction on disclosing personal information that a public sector…
The Supreme Court of New South Wales recently held that three media companies were the ‘publishers’ of comments made by members of the public on their public Facebook pages for the purposes of a defamation claim. The case sets a…
GIPA Act review of Information Commissioner’s decision finds Council’s decision justified
30 May, 2019
The NSW Civil and Administrative Tribunal (NCAT) recently considered an application under the Government Information (Public Access) Act 2009 (GIPA Act) for review of a decision of the Information Commissioner. While the Information Commissioner’s decisions when reviewing GIPA Act decisions…