Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 4:

1. The Applicant is Ms Zillman, a journalist with the ABC.

2. On 7 November 2022, she sent an application to NSW Treasury (the Respondent) for information under the Government Information (Public Access) Act 2009 (NSW) ("GIPA Act").

3. The substantive matter is whether access should be granted to the redacted part of a letter dated 12 October 2022 sent by the objector, Catholic Metropolitan Cemeteries Trust ("CMCT"), to the Auditor-General of NSW ("Disputed Letter").

4. The Disputed Letter was held by the Respondent because it was sent ("cc-ed") to it by CMTC. There is no dispute it was responsive to the Applicant's request.

5. The second matter concerns an application by CMCT for joinder as a party.

6. These proceedings have not travelled an easy path.

7. First, another Senior Member of this Tribunal heard the substantive matter and the joinder application together on 19 October 2023. Decisions on both were reserved.

8. On 20 December 2024, the President reconstituted the Tribunal under s 52 of the Civil and Administrative Tribunal Act 2013 (NSW) ("NCAT Act"). The parties were provided with the opportunity to make submissions and did not object to the reconstitution.

9. Second, CMCT no longer exists. It was abolished by legislation after the matter was heard. Its application for joinder was amended after the hearing and the following "Successor Entities" to CMTC now seek joinder in its stead:

1) Catholic Cemeteries & Crematoria Ltd as trustee of the Catholic Cemeteries and Crematoria Trust ("CCC"); and

2) All Faiths Catholic Land Manager Limited ("AFCLM").

10. Third, the original decision on the GIPA Application ("Decision"), made by Mr Brandt as the delegate of the Respondent, was overtaken by subsequent events. At the time of the Decision, two letters and accompanying emails were located that were responsive. Access to the two letters was refused, after Mr Brandt consulted with CMCT under s 54 of the GIPA Act. Following a mediation conducted after the proceedings were filed (which included CMCT), the Disputed Letter was released in redacted form, and the other letter was released in full.

11. Fourth, when consulted by the Respondent, CMCT had raised five public interest considerations against disclosure ("PICADs") objecting to the release of both letters. Those PICADs were items 1(d), 1(g), 3(c), 3(d) and 4(d) of the Table in s 14(2) of the GIPA Act.

12. The Respondent accepted there was a "high likelihood" of litigation at that time, and withheld both letters on that ground (item 3(c)). The other four grounds advanced by CMCT were rejected by the Respondent. These are discussed further below.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197cde196ba5c70139fdb912)

Disclaimer: Curated by HT Syndication.