Eberand v Department of Customer Service [2020] NSWCATAD 176

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Eberand v Department of Customer Service [2020] NSWCATAD 176 Hearing dates: On the papers Date of orders: 8 July 2020 Decision date: 08 July 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: J Lonsdale, Senior Member Decision: (1) The decision of the respondent is varied in respect of the information in Tab 1 in that the respondent is to disclose the document referred to as "Tab 1B" to the applicant. (2) The decision under review is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – Public access to government information – Legal professional privilege – Whether prejudice to the effective exercise of an agency's functions – Balancing public interest considerations Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Government Information (Public Access) Act 2009 (NSW) Greyhound Racing Act 2017 (NSW) Cases Cited: Betzis v Commissioner of Police [2020] NSWCATAD 71 Burke v Health Education and Training Institute [2016] NSWCATAD 194 Collins v Department Finance, Services & Innovation [2018] NSWCATAD 60 Commissioner of Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Eyes v Wyong Shire Council [2015] NSWCATAD 214 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Larsson v Office of Environment and Heritage [2014] NSWCATAD 136 Leech v Sydney Water Corporation [2010] NSWADT 198 Priest v State of New South Wales [2006] NSWSC 128 Saggers v Environmental Protection Authority [2014] NSWCATAD 37 Texts Cited: None Category: Principal judgment Parties: Michael Eberand (Applicant) Department of Customer Service (Respondent) Representation: Solicitors: Applicant (Self represented Crown Solicitor (Respondent) File Number(s): 2019/00404161 Publication restriction: None