Else v Transport for NSW [2021] NSWCATAD 59

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Else v Transport for NSW [2021] NSWCATAD 59 Hearing dates: 13 November 2020 and written submissions by 24 December 2020. Date of orders: 12 March 2021 Decision date: 12 March 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: M Wall, Senior Member Decision: (1) The decision of NSW Treasury dated 22 November 2019 is varied to the following effect: (a) Items [5], [14] and [35] be released to the Applicant within 28 days of the publication of these reasons. (b) Items [3], [7] and [12] be remitted to the agency for reconsideration. (c) items [9], [10] and [16] be remitted to the agency for reconsideration and redaction in accordance with these reasons. (d) the decision of Transport NSW is otherwise affirmed. (2) 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(a) the material filed by the respondent on a confidential basis, (b) those paragraphs of these reasons identified as [NOT FOR PUBLICATION], (c) the submissions made in private before the Tribunal, and (d) the record of that part of the proceedings conducted in private pursuant to s 49 of the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 REVIEW. Government Information (Public Access) – public interest considerations in favour of disclosure – public interest considerations against disclosure – whether endanger or prejudice any system or procedure for protecting the safety of any person - whether facilitate the commission of a criminal offence – whether prejudice the effective exercise of an agency's functions - clauses 1(f), 2(d) and 2(f) of the table in s14. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Transport Administration Act 1998 (NSW) Cases Cited: Veall v Department of Planning and Environment [2018] NSWCATAD 47 MI skelly v Secretary, Department of Education [2019] NSWCATAD 48 Leech v Sydney Water Corporation [2010] NSWADT 198 Roy v Commissioner of Police, NSW Police Force [2012] NSWADT 120 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Attorney General's Department v Cockcroft [1986] FCA 35; (1986) 10 FCR 180 at 190 Forbidden Foods Pty Ltd v Rice Marketing Board of New South Wales [2020] NSWCATAD 18 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Meacham v Commissioner of Police [2020] NSWCATAP 107 Electoral Commissioner, State Electoral Office v McCabe [2003] NSWADTAP 28 Griffin v Sydney Trains [2020] NSWCATAD 234 Hutchinson v Roads and Traffic Authority [2006] NSWADT 147 Wordsworth v Roads and Maritime Services [2017] NSWCATAD 201 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 28 Department of Agriculture and Rural Affairs v Binnie [1989] V.R. 836 Destination NSW V Taylor [2019] NSWCATAP 123. Page v Commissioner of Police [2020] NSWCATAD 163 Category: Principal judgment Parties: Sylvia Else (Applicant) Transport for NSW (Respondent) Representation: Counsel: A Edwards (Respondent)