Burnett (on behalf of Burnett) v Secretary, Department of Communities and Justice [2021] NSWCATAD 114

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Burnett (on behalf of Burnett) v Secretary, Department of Communities and Justice [2021] NSWCATAD 114 Hearing dates: On the papers Date of orders: 06 May 2021 Decision date: 06 May 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: (1) The decision of the Respondent under review is set aside. (2) In its place the decision is made that, subject to the decision as to form of access pursuant to the Orders below, the Applicant is to be given access to the relevant government information in question. (3) The decision as to the form in which access to the information is to be provided to the Applicant is remitted to the Respondent pursuant to s 65 of the Administrative Decisions Review Act 1997 (NSW). (4) Within 30 days of the date of these Reasons for Decision the Respondent is to make the decision referred to in Order 3 and provide reasons for that decision to the Applicant and the Tribunal. (5) The Applicant is to inform the Tribunal and the Respondent whether they wish to proceed with the application for review of the 6 May Decision (as amended by the decision referred to in Order 3 above) or withdraw that application within 7 days after the earlier to occur of: (a) the receipt of the Respondent's decision under Order 3 above; or (b) 30 days after the date of these Reasons for Decision. (6) If the Applicant wishes to proceed with their application for review of the 6 May Decision (as amended as to the form of access by any decision under Order 3 above) they are to request the Registry relist the matter for directions when they inform the Tribunal of their decision in accordance with Order 5 above. (7) Until and except as otherwise determined by the decision made under Order 3 above or Tribunal order after any subsequent review of that decision by the Tribunal, pursuant to s 64(1)(c) and (d) of the Civil and Administrative Tribunal Act 2013 (NSW), it is prohibited to: (a) publish any of the confidential evidence given to the Tribunal or the contents of the confidential documents submitted to the Tribunal; or (b) disclose to the Applicant any of the confidential evidence given to the Tribunal or the contents of the confidential documents submitted to the Tribunal. Catchwords: ADMINISTRATIVE LAW — freedom of information — access to information — ground for refusing access — Government Information (Public Access) Act 2009 (NSW), items 1(g), 1(h), 4(c) and 4(d) of table to section 14 — public interest considerations against disclosure — unable to establish nominated effects reasonably expected to occur — confidential and copyright materials Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Copyright Act 1968 (Cth) Freedom of Information Act 1989 (NSW) (repealed) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180; [1986] FCA 35 Calderwood v Department of Planning, Industry and Environment [2020] NSWCATAD 200 Department of Education and Training v GJ (GD) [2009] NSWADTAP 33 Humane Society International Inc. v National Parks & Wildlife Service [2000] NSWADT 133 Jacobs v Commissioner of Police, NSW Police Force [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 Sherman v Commissioner of Police, NSW Police Force [2016] NSWCATAD 107 Turner v Corrective Services NSW (No. 2) [2013] NSWADT 232 Texts Cited: Nil Category: Principal judgment Parties: Donald Burnett (on behalf of Luca Burnett) (Applicant) Secretary, Department of Communities and Justice (Respondent) Representation: Solicitors: McLachlan Thorpe Partners (Applicant) Respondent (self-represented) File Number(s): 2020/00204119 Publication restriction: Until otherwise determined, pursuant to s 64(1)(c) and (d) of the Civil and Administrative Tribunal Act 2013 (NSW) the (i) publication of any of the confidential evidence given to the Tribunal or the contents of the confidential documents submitted to the Tribunal and (ii) disclosure to the Applicant of any of the confidential evidence given to the Tribunal or the contents of the confidential documents submitted to the Tribunal are prohibited.