The NSW Civil and Administrative Tribunal is considering a significant question at the intersection of government transparency, administrative justice, and the principle that legal disputes must ultimately come to an end, 23.07.2026
The proceedings concern section 110 of the Government Information (Public Access) Act 2009 (NSW) and the Tribunal’s power to dismiss further proceedings where matters have already been determined.
The issue arises in the context of a fourth return to the Tribunal involving the same parties and the same underlying government information dispute. The proceedings raise the question of whether matters that have already passed through the legal process can be repeatedly reopened, or whether final determinations must be given effect to protect fairness and confidence in the justice system. The party repeatedly re-litigating finalised matters is Port Stephens Council, Applicant 2 in proceedings with two additional agencies, Dept of Communities & Justice and Goulburn-Mulwaree Shire Council. All 3 agencies were initially successful in securing a Section 110 Order against Respondent 1 in the proceedings. Port Stephens Council has repeatedly re-litigated the same issues against the same party, in this case Telina Webb, now a total of 4 times, with the original matter included to total 5 times. The first and third Applicants in the original proceedings heard in March 2025 have relied heavily on Port Stephens Council to get their desired outcome across the line.
Freedom of information laws exist to promote transparency and accountability by allowing access to government-held information and providing mechanisms for review. Those rights are fundamental to open government, and are legally enforceable. However, the administration of justice also depends on finality Parties who have participated in proceedings and obtained a final determination must be able to rely on that outcome, and public resources must not be consumed by repeated litigation over issues that have already been finalised. Thus far these proceedings on their own are estimated to be in the vicinity of $500,000.00, with the Applicants' disclosure costs totalled almost $300,00.00 by first submissions in December 2024.
The Tribunal’s consideration of section 110 of the GIPA Act 2009 will therefore examine a broader question: how should the law balance the public interest in transparency with the equally important public interest in certainty, fairness, and the integrity of administrative decision-making? Should a section 110 order be given to an agency or in this case group of agencies at any cost?
The matter is being closely watched by those interested in freedom of information law, administrative accountability, and the safeguards that ensure review processes remain effective, fair, and sustainable. Proceeding DetailsTribunal: NSW Civil and Administrative TribunalLegislation: Government Information (Public Access) Act 2009 (NSW)Matter: Webb & Ors v Dept of Communities & Justice & OrsNCAT Reference: AP 2026 - 00139493Hearing Date: Friday 24th July 2026Time: 2.15pmVenue: NCAT Goulburn Street Sydney, Level 10, Hearing Room 10.4 Members: Lucy and Sullivan Members of the media, legal practitioners, administrative law observers, transparency advocates, and interested members of the public are invited to attend and observe the proceedings, subject to Tribunal directions and applicable access requirements. Media and Public Enquiries:Telina Webb, 0493 211 635
The issue arises in the context of a fourth return to the Tribunal involving the same parties and the same underlying government information dispute. The proceedings raise the question of whether matters that have already passed through the legal process can be repeatedly reopened, or whether final determinations must be given effect to protect fairness and confidence in the justice system. The party repeatedly re-litigating finalised matters is Port Stephens Council, Applicant 2 in proceedings with two additional agencies, Dept of Communities & Justice and Goulburn-Mulwaree Shire Council. All 3 agencies were initially successful in securing a Section 110 Order against Respondent 1 in the proceedings. Port Stephens Council has repeatedly re-litigated the same issues against the same party, in this case Telina Webb, now a total of 4 times, with the original matter included to total 5 times. The first and third Applicants in the original proceedings heard in March 2025 have relied heavily on Port Stephens Council to get their desired outcome across the line.
Freedom of information laws exist to promote transparency and accountability by allowing access to government-held information and providing mechanisms for review. Those rights are fundamental to open government, and are legally enforceable. However, the administration of justice also depends on finality Parties who have participated in proceedings and obtained a final determination must be able to rely on that outcome, and public resources must not be consumed by repeated litigation over issues that have already been finalised. Thus far these proceedings on their own are estimated to be in the vicinity of $500,000.00, with the Applicants' disclosure costs totalled almost $300,00.00 by first submissions in December 2024.
The Tribunal’s consideration of section 110 of the GIPA Act 2009 will therefore examine a broader question: how should the law balance the public interest in transparency with the equally important public interest in certainty, fairness, and the integrity of administrative decision-making? Should a section 110 order be given to an agency or in this case group of agencies at any cost?
The matter is being closely watched by those interested in freedom of information law, administrative accountability, and the safeguards that ensure review processes remain effective, fair, and sustainable. Proceeding DetailsTribunal: NSW Civil and Administrative TribunalLegislation: Government Information (Public Access) Act 2009 (NSW)Matter: Webb & Ors v Dept of Communities & Justice & OrsNCAT Reference: AP 2026 - 00139493Hearing Date: Friday 24th July 2026Time: 2.15pmVenue: NCAT Goulburn Street Sydney, Level 10, Hearing Room 10.4 Members: Lucy and Sullivan Members of the media, legal practitioners, administrative law observers, transparency advocates, and interested members of the public are invited to attend and observe the proceedings, subject to Tribunal directions and applicable access requirements. Media and Public Enquiries:Telina Webb, 0493 211 635
Contact us using this form to comment on this article.