Shanton v Department of Planning, Industry and Environment [2021] NSWCATAD 89

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shanton v Department of Planning, Industry and Environment [2021] NSWCATAD 89 Hearing dates: 15 October 2020 Date of orders: 9 April 2021 Decision date: 09 April 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: G Sarginson, Senior Member Decision: 1. The decision under review dated 24 January 2020 is affirmed. 2. Pursuant to s 63 (3) (b) of the Administrative Decisions Review Act 1997 (NSW) the decision under review is varied to recognise that a 2014-2015 National Trust Annual Report was provided to the applicant on 8 October 2020. Catchwords: ADMINISTRATIVE LAW---Access to government information---Decision that information not held---Adequacy of searches conducted by agency Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Crown Land Management Act 2016 (NSW) Crown Land Management Regulation 2018 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Betzis v Commissioner of Police [2020] NSWCATAD 71 Danis v Commissioner of Police, NSW Police Force [2020] NSWCATAD 138 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179 Public Service Association and Professional Officers Association, Amalgamated Union of NSW v Director General, Premier's Department [2002] NSWADT 277 Shi v Migration Agents Registration Authority [2008] HCA 31 Thomson v Commissioner of Police [2021] NSWCATAD 53 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 YG and GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: Anne Shanton (Applicant) Department of Planning, Industry and Environment (Respondent)