The statutory 'good faith' defence available to councils under s 582A of the Local Government Act 1919 (NSW) and s 149(6) of the EPA Act 1979 (NSW) requires more than honest ineptitude — there must be a real attempt by the authority to answer the request for information by recourse to available materials. A council that consciously fails to consult its own records when issuing s 149 certificates cannot rely on the good faith defence. A disclaimer on a s 149 certificate stating that the council 'cannot accept any responsibility for any omission or inaccuracy' is limited to errors in the process of extracting information from records and does not extend to a wholesale failure to consult records.
The full text is available to signed-in members, including the 39 later cases that cite this judgment.
6 of the 39 citing cases carry a classified treatment. How each court treated it is available to signed-in members.