Griffin v Sydney Trains [2020] NSWCATAD 234

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Griffin v Sydney Trains [2020] NSWCATAD 234 Hearing dates: 27 July 2020 Date of orders: 22 September 2020 Decision date: 22 September 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: (1) The deemed decision of the Respondent under review is affirmed as the correct and preferable decision. (2) Pursuant to ss64(1) (c) and (d) Civil & Administrative Tribunal Act 2013 it is ordered that the: (a) publication of confidential evidence given to the Tribunal and of the contents of the confidential document submitted to the Tribunal; and (b) disclosure to the Applicant of confidential evidence given to the Tribunal and of the contents of the confidential document submitted to the Tribunal, are prohibited. Catchwords: ADMINISTRATIVE LAW - Government Information (Public Access) – whether disclosure of government information could reasonably be expected to endanger or prejudice any system or procedure for protecting the safety of any person - whether disclosure of government information could reasonably be expected to endanger or prejudice the security of or any system or procedure for protecting any place, property or vehicle - whether disclosure of government information could reasonably be expected to facilitate the commission of a criminal act – clauses 2 (d), (e) and (f) of the s14 GIPA Act Table – no conditions to be imposed by the Respondent on the use or further disclosure of the information – balancing of public interest considerations for and against disclosure Legislation Cited: Administrative Decisions Review Act 1997 Civil & Administrative Tribunal Act 2013 Freedom of Information Act 1989 Government Information (Public Access) Act 2009 Cases Cited: Attorney General's Department v Cockcroft (1986) 10 FCR 180 Calderwood v Department of Planning, Industry and Environment [2020] NSWCATAD 200 Department of Education and Training v GJ (GD) [2009] NSWADTAP 33 Electoral Commissioner State Electoral Office V McCabe 2003 NSWADTAP 28 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Jacobs v Commissioner of Police (NSW) [2013] NSWADT 54 Leech v Sydney Water Corporation [2010] NSWADT 298 Lemon v Department of Planning and Environment [2019] NSWCATAD 148 Miskelly v Secretary, Department of Education [2019] NSWCATAD 48 Smith v Pittwater Council [2016] NSWCATAD 67 Turner v Corrective Services NSW (No. 2) [2013] NSWADT 232 Wordsworth v Roads and Maritime Services [2017] NSWCATAD 201 Category: Principal judgment Parties: Anthony Griffin (Applicant) Sydney Trains (Respondent) Representation: Counsel: A H Edwards (Respondent)