Pillinger v Northern Sydney Local Health District [2021] NSWCATAD 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pillinger v Northern Sydney Local Health District [2021] NSWCATAD 14 Hearing dates: 18 December 2020 Date of orders: 20 January 2021 Decision date: 20 January 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: L Pearson, Principal Member Decision: (1) The decision under review dated 24 June 2020 is varied, and within 28 days of these orders, Section 8: Recommendations (pp 27-28) of the document "Investigation Report: Northern Sydney Local Health District Investigation into Concerns regarding the Clinical Performance of Dr Gary McKay February 2020" is to be provided to the applicant, with the redaction of Recommendation 3; (2) The decision under review is otherwise affirmed; (3) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 publication or disclosure of the name of any of the patients referred to in the documents filed with the Tribunal in this proceeding is prohibited; (4) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 disclosure of: (a) the material filed by the respondent on a confidential basis, (b) the copy of the submissions by Dr McKay provided to the Tribunal on a confidential basis (c) those paragraphs of these reasons identified as [NOT FOR PUBLICATION], (d) the submissions made in private before the Tribunal, and (e) the record of that part of the proceedings conducted in private pursuant to s 49 of the Civil and Administrative Tribunal Act 2013, is prohibited. That material is not to be released to the applicant or the public. Catchwords: ADMINISTRATIVE LAW – access to government information – investigation into complaints – whether overriding public interest against disclosure Legislation Cited: Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 Cases Cited: AMH v Western New South Wales Local Health District [2013] NSWADT 282 Amos v Western Sydney Local Health District [2017] NSWCATAD 359 Ansoul v City of Sydney [2017] NSWCATAD 65 Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Destination NSW v Taylor [2019] NSWCATAP 123 Fire Brigade Employees' Union v Fire and Rescue NSW [2014] NSWCATAD 113 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Johnson v Secretary, Department of Communities and Justice [2020] NSWCATAD 23 Leech v Sydney Water Corporation [2010] NSWADT 298 McKinnon v Blacktown City Council [2012] NSWADT 44 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Pemberton v Macquarie University [2014] NSWCATAD 76 Sheehy v Commissioner of Police [2018] NSWCATAD 73 Transport NSW v Searle [2018] NSWCATAP 93 Van der Wall v University of Sydney [2008] NSWADT 213 Webb v Port Stephens Council [2019] NSWCATAD 47 Texts Cited: None cited Category: Principal judgment Parties: Stephen Pillinger (Applicant) Northern Sydney Local Health District (Respondent)