Tisdale v Cumberland City Council [2021] NSWCATAD 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tisdale v Cumberland City Council [2021] NSWCATAD 132 Hearing dates: 26 November 2020 Date of orders: 21 May 2021 Decision date: 21 May 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. Cumberland City Council is to undertake further searches to ascertain whether the General Manager's office has any further information which may fall within the scope of the Applicant's requests. 2. The further searches are to be completed within 21 days of these orders and the outcome of the searches is to be advised to the Applicant and the Tribunal. 3. The matter is listed for a further case conference on Monday 28 June 2021 at 12:30 pm. 4. The decisions under review are otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – government information – access application – whether public interest considerations against disclosure outweigh public interest considerations in favour of disclosure –whether risk of harm or serious harassment or serious intimidation if disclosed – whether reasonable searches undertaken – legal privilege – conclusive presumption against disclosure. Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Evidence Act 1995 Cases Cited: Australian Vaccination Network v Department of Finance & Services [2013] NSWADT 60 Dezfouli v Justice Health & Forensic Mental Health Network [2018] NSWCATAD 11 Klaric v Commissioner of Police [2020] NSWCATAP 153 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 Category: Principal judgment Parties: Terry Tisdale (Applicant) Cumberland City Council (Respondent) Representation: Solicitors: Stringybark Legal (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 2020/00226816; 2020/224009 Publication restriction: Pursuant to section 64(1) of the Civil and Administrative Tribunal Act 2013, the content of the material that was filed by the Respondent on a confidential basis is not to be disclosed without further order of the Tribunal. Those paragraphs of these reasons identified as "not for publication" are not to be released, other than to the Respondent, without further order of the Tribunal. No record of the confidential sessions is to be disclosed, other than to the Respondent, without further order of the Tribunal.