The Information and Privacy Commissioner (IPC) has recommended that Central Coast residents should be given full access to a Wamberal Beach Storm Erosion Mediation Report.
Saratoga resident and STL candidate for the September Council election, Mr Pat Aiken, applied using the Government Information Public Access (GIPA) laws to obtain a copy of the report.
Council decided to provide access by viewing parts of the document, with other parts redacted (blacked out), and decided that there was “an overriding public interest against disclosure of some information”.
Mr Aiken applied to the IPC for an external review on April 3, and was informed on May 16 that Council’s decision was “not justified”.
The IPC recommended that Council “makes a new decision”.
In making his application to the IPC, Mr Aiken said: “Central Coast Council has decided to ignore informing the community, not reveal environmental or health risks, or measures relating to public health and safety, not contribute to the protection of the environment, and not contribute to the positive and informed debate on issues of public importance.”
“The issue in this review is the application of the public interest test and the way access to information has been provided,” the IPC said in its review report.
IPC Investigation and Review Officer, Mr Lee Fisher, said: “I have reviewed the information and I am not satisfied that the Agency (Council) has sufficiently described the functions which could reasonably be expected to be prejudiced by release of the information concerned.
“The agency has not described the prejudice that could reasonably be expected to occur, or how external influences might detract from a full and proper assessment of the risks and recommendations.
“On this basis, I am not satisfied that (Council) has justified its application of clause 1(f) as a relevant public interest consideration against disclosure,” he said.
“I am not satisfied that the Agency’s application of the public interest test met the requirements of the GIPA Act
“As the Agency has not demonstrated that this test has been met, I cannot be satisfied that the Agency’s decision is justified.
“On the information available, I am not satisfied that the Agency’s decision to withhold access to information is justified.
“I am however, satisfied that the Agency’s decision to provide access by viewing is justified.”
Mr Aiken has since been informed by Central Coast Council that it will conduct an internal review of the IPC’s review, but has not, as yet, allowed access to the non-redacted document.
Source:
Email, May 19
Lee Fisher, Information and Privacy Commission