Beregi v Department of Planning Industry and Environment [2020] NSWCATAP 185

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Beregi v Department of Planning Industry and Environment [2020] NSWCATAP 185 Hearing dates: 3 June 2020 Date of orders: 7 September 2020 Decision date: 07 September 2020 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member J Lucy, Senior Member Decision: (1) The time in which to lodge the appeal is extended to 8 January 2020; (2) The decision under appeal in matter 2018/00205665 is affirmed; (3) The internal appeal in relation to the information the subject of Clause 3 of the access application the subject of matter 2018/00349983 is dealt with by way of a new hearing based on the evidence before the Tribunal at first instance; (4) The respondent's decision in relation to that part of the access application referred to in (3) is affirmed; (5) The decision under appeal in relation to the remainder of the information the subject of application 2018/00349983 is affirmed. Catchwords: APPEAL - government information – access application – whether information "excluded information" – whether consent to disclosure Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Government Information (Public Access) Act 2009 Government Information (Public Access) Amendment Act 2018 Local Government Act 1993 Local Government Amendment (Early Intervention) Act 2013 Local Government (General) Regulation 2005 Royal Commissions Act 1923 Cases Cited: Achieve Australia Ltd v Department of Family and Community Services [2014] NSWCATAD 171 Colakovski v Australian Telecommunications Corporation [1991] FCA 152; (1991) 100 ALR 111 DNM v NSW Ombudsman [2019] NSWCATAP 77 Housing Commission of New South Wales v Tatmar Pastoral Co Pty Ltd [1983] 3 NSWLR 378 Joye v Beach Petroleum NL (1996) 67 FCR 275 Miller v Director of Public Prosecutions [2012] NSWADT 38 Pertsinidis v Illawarra Shoalhaven Local Health District [2014] NSWCATAD 130 Tooheys Ltd v Cmr of Stamp Duties (NSW) (1961) 105 CLR 602 Watson v NSW Trustee and Guardian [2015] NSWCATAD 139 Waugh Hotel Management Pty Ltd v Marrickville Council [2009] NSWCA 390 Texts Cited: None cited Category: Principal judgment Parties: MaryAnn Beregi (Appellant) Department of Planning, Industry and Environment (Respondent) Representation: Counsel: B Tronson (Respondent)