Public Service Association of NSW v Insurance and Care NSW [2020] NSWCATAD 228

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Public Service Association of NSW v Insurance and Care NSW [2020] NSWCATAD 228 Hearing dates: 25 June 2020 Date of orders: 12 October 2020 Decision date: 12 October 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: J Lonsdale, Senior Member Decision: (1) The name of the respondent in these proceedings is amended to Insurance and Care NSW. (2) The decision of the respondent is set aside. (3) The report entitled 'Forensic Claim File Review – icare' dated April 2018 (excluding the information identified in the Schedule to these reasons) is to be disclosed to the applicant within 28 days of the publication of these reasons. Catchwords: ADMINISTRATIVE LAW – public access to government information – Whether prejudice to the supply of confidential information – Whether prejudice to the effective exercise of an agency's functions – Whether disclosure would reveal a deliberation, consultation, opinion or advice – Whether prejudice an investigation – Personal information – balancing public interest considerations Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) State Insurance and Care Governance Act 2015 (NSW) Interpretation Act 1987 (NSW) Administrative Review Act 1997 Industrial Relations Act 1996 (NSW) Cases Cited: Anderson v University of Sydney [2018] NSWCATAD Camilleri v Commissioner of Police, NSW Police Force [2012] NSWADT 5 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Luxford v Department of Education and Communities [2016] NSWCATAD 118 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Re Waterford and Department of Treasury No 2 (1984) 5 ALD 588 Shoebridge v Commissioner of Police, NSW Police Force (No. 3) [2018] NSWCATAD 110 Spice v Mosman Council [2016] NSWCATAD 215 Transport for NSW v Searle [2018] NSWCATAP 93 Turner v Department of Planning and Environment [2019] NSWCATAD 166 Texts Cited: None cited Category: Principal judgment Parties: Public Service Association NSW (Applicant) Insurance and Care NSW (Respondent) Representation: Counsel: P Lowson (Applicant) A Edwards (Respondent)