Fraser v SafeWork NSW [2020] NSWCATAP 92

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fraser v SafeWork NSW [2020] NSWCATAP 92 Hearing dates: 13 March 2020 Date of orders: 22 May 2020 Decision date: 22 May 2020 Jurisdiction: Appeal Panel Before: Armstrong J, President L Pearson, Principal Member Decision: (1) The appeal is allowed. (2) The Tribunal decision of 31 October 2019 is set aside. (3) The application for administrative review of the decision to refuse access to information, being the information provided to the respondent by Blacktown City Council relating to an incident on 27 March 2017 involving a garbage truck operated by Blacktown City Council, is remitted to the Administrative and Equal Opportunity Division for reconsideration in accordance with these reasons. Catchwords: APPEAL – access to information – responses to questions in investigation – secrecy provisions – whether disclosure could reasonably be expected to constitute contravention of any other Act – balancing of public interests against disclosure and public interests in favour of disclosure – whether failure to exercise jurisdiction - whether administrative review task properly undertaken Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Work Health and Safety Act 2011 Cases Cited: Clarke v Blacktown City Council [2013] NSWADT 36 Collins v Department Finance, Services and Innovation [2018] NSWCATAD 60 Jayasooriah v Wisdom Properties Group Pty Ltd [2020] NSWCATAP 81 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: None cited Category: Principal judgment Parties: Stuart Fraser (Appellant) SafeWork NSW (Respondent) Representation: Solicitors: Appellant (Self Represented) H Bell, Legal, Department of Customer Service (Respondent) File Number(s): AP19/53081 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2019] NSWCATAD 227 Date of Decision: 31 October 2019 Before: S Montgomery, Senior Member File Number(s): 2018/00348202