Williams v University of New England [2021] NSWCATAD 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Williams v University of New England [2021] NSWCATAD 151 Hearing dates: 23 April 2021 Date of orders: 2 June 2021 Decision date: 02 June 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: 1. The decisions of the Respondent under review as regards the 3 April 2019 email from Australian Organic Limited to the Respondent are set aside. 2. In their place the decision is made that the Applicant is to be given access to the relevant government information in question (i.e. the 3 April 2019 email), subject to the redaction of the name, email address and any other similar information identifying the third party who sent that email. 3. Subject only to the Order for release, section 64 of the Civil & Administrative Tribunal Act 2013 applies to the material filed by the Respondent on a confidential basis and that material is not to be released to either the Applicant or the public. Catchwords: ADMINISTRATIVE LAW – access to Government information – Government Information (Public Access) Act 2009 (NSW) – items 1(d), 1(g) and 3(a) of the Table to s14 GIPA Act – whether information provided in confidence – if so, whether it is still confidential – appropriate redaction to avoid the public interest consideration against disclosure under item 3(a) of the Table to s 14 GIPA Act. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil & Administrative Tribunal Act 2013 (NSW) Freedom of Information Act 1989 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Ansoul v City of Sydney [2017] NSWCATAD 65 Burnett (on behalf of Burnett) v Secretary, Department of Communities and Justice [2021] NSWCATAD 114 Calderwood v Department of Planning, Industry and Environment [2020] NSWCATAD 200 Commissioner of Police, NSW Police Force v Camilleri [2012] NSWADTAP 19 Commissioner of Police, New South Wales Police Force v Camilleri [2013] NSWADT 80 Commissioner of Police (NSW) v Field [2016] NSWCATAP 59 Department of Education and Training v GJ (GD) [2009] NSWADTAP 33 Flack v Commissioner of Police, New South Wales Police Force [2011] NSWADT 286 General, Department of Education & Training v Mullett & anor (GD) [2002] NSWADTAP 13 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Hynes v General Manager, Hawkesbury City Council [2004] NSWADT 135 Jacobs v Commissioner of Police (NSW) [2013] NSWADT 54 Jones v NSW Department of Education [2017] NSWCATAD 51 Leech v Sydney Water Corporation [2010] NSWADT 298 Lemon v Department of Planning and Environment [2019] NSWCATAD 148 Macquarie University v Howell (No 2) [2009] NSWADTAP 19 Miskelly v Secretary, Department of Education [2019] NSWCATAD 48 Raven v The University of Sydney [2015] NSWCATAD 104 Ryder v Booth [1985] VR 870 Transport NSW v Searle [2018] NSWCATAP 93 Turner v Corrective Services NSW (No. 2) [2013] NSWADT 232 Whittaker v Illawarra Shoalhaven Local Health District [2018] NSWCATAD 183 Category: Principal judgment Parties: Jacqueline Williams (Applicant) University of New England (Respondent) Representation: Solicitors: Applicant (Self Represented) Sparke Helmore Lawyers (Respondent) File Number(s): 2020/00282925 and 2020/00342977 Publication restriction: Subject only to the Order for release, section 64 of the Civil & Administrative Tribunal Act 2013 applies to the material filed by the Respondent on a confidential basis and that material is not to be released to either the Applicant or the public.