McEwan v Port Stephens Council [2021] NSWCATAD 110

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McEwan v Port Stephens Council [2021] NSWCATAD 110 Hearing dates: 1 February 2021 Date of orders: 30 April 2021 Decision date: 30 April 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: M Gracie, Senior Member Decision: 1. The Decision of the Council dated 15 January 2020 is varied to provide that the documents identified at Items 1, 2 and 3-102 of the Schedule to the Decision are to be released to the applicant without redactions, within 28 days of the publication of these reasons. 2. Otherwise, affirm the Decision of the Council dated 15 January 2020, so that Order 1 above does not apply to those redactions in the Documents at Items 1, 2 and 3-102 of the Schedule to the Decision relating to information determined by Council to be outside of the scope of the applicant's amended Access Application. Catchwords: ADMINISTRATIVE REVIEW. Government Information (Public Access) – scope of access application - secondary employment register -pecuniary interests register - public interest considerations in favour of disclosure – public interest considerations against disclosure – open access information - personal information - secrecy provisions Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Government Information (Public Access) Regulation 2009 (NSW) Local Government Act 1993 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Anderson v Tweed Shire Council [2017] NSWCATAD 61 CGU Workers Compensation (NSW) Ltd v Department of Planning and Environment [2018] NSWCATAD 169 Chetcuti v University of Sydney [2020] NSWCATAD 164 Donnellan v Ku-ring-gai Council [2013] NSWADT 115 DTB v Commissioner of Police, NSW Police Force [2019] NSWCATAD 114 Fisher v Commissioner of Police, NSW Police Force [2019] NSWCATAD 205 Fisher v Goulburn Mulwaree Council [2019] NSWCATAD 34 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Fraser v SafeWork NSW [2020] NSWCATAP 92 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Jackson v University of New South Wales [2019] NSWCATAD 224 JY v Commissioner for Police, NSW Police [2008] NSWADT 306 Leech v Sydney Water Corporation [2010] NSWADT 298 Mannix v Department of Education and Communities [2014] NSWCATAD 35 Meldru v Wollondilly Shire Council [2017] NSWCATAD 292 Miskelly v Roads and Maritime Services [2019] NSWCATAD 133 McKinnon v Secretary, Department of Treasury [2006] HCA 46 Mookhey v Department of Finance, Services and Innovation [2018] NSWCATAD 128 Pollington v Commissioner of Police, NSW Police Force [2019] NSWCATAD 1 Rice Marketing Board for the State of NSW v Forbidden Foods Pty Ltd [2020] NSWCATAP 183 Shoebridge v Office of Environment and Heritage [2018] NSWCATAP 144 Taylor v Destination NSW [2017] NSWCATAD 272 Wollondilly Shire Council [2017] NSWCATAD 292 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: Nil Category: Principal judgment Parties: Paul McEwan (Applicant) Port Stephens Council (Respondent) Representation: Counsel: B Tronson with M Cobb-Clarke (Respondent)