Minutes of a meeting between Department of Planning (DPIE) officials and Meriton on 10 February 2020 disclosed to Save Little Bay under freedom of information laws in June 2020 state that “Harry's [Triguboff] position is that people should come first, then public transport”. /1

The meeting note immediately following this statement was redacted as confidential “Cabinet Information”. We appealed to the Information Commissioner who wasn’t satisfied that the redacted info should be withheld from SLB and requested that the DPIE make a new decision. /2

The DPIE did. And doubled down on their decision not to disclose the redacted info. We appealed to the IPC – again, arguing that the DPIE’s new decision was not appropriately considering the IPC’s earlier decision. The IPC has now handed down a new decision (IPC20/R000908) /3

concluding that the Department of Planning’s decision was not justified:
“I am not satisfied that the Agency [= DPIE] has demonstrated that the information would reveal confidential Cabinet deliberations as claimed such that the predicted effect of disclosure could reasonably /4

be expected to occur in the circumstances. […] The Agency’s decision does not provide findings on material questions of fact that explains the prejudice to Cabinet deliberations, as claimed by the Agency, beyond a mere assertion that that prejudice could occur to Cabinet /5

confidentiality. […] I am not satisfied that all relevant personal factors in favour of disclosure were considered for example, the Applicant’s motives for making the application. Considering that the Applicant is a not-for-profit organisation advocating for areas affected by /6

development in Little Bay and that information regarding any development in this area would provide greater transparency and promote the objects of the GIPA Act, I would consider that this may be a relevant factor in favour of disclosure that the Agency may wish to consider.” /7

The IPC sent the decision back to the DPIE requesting they make a new decision. The DPIE sent their one-line response and advised that they “will not be making a new decision. The IPC has been informed.”
Last resort: appeal to the NSW Civil and Administrative Tribunal.
/End