Flaherty v Upper Hunter Shire Council [2021] NSWCATAD 178

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Flaherty v Upper Hunter Shire Council [2021] NSWCATAD 178 Hearing dates: 25 March 2021 Date of orders: 22 June 2021 Decision date: 22 June 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: 1 The decision under review is varied with regard to Documents 51 to 56 in the following terms: (1) Access is provided to Documents 51 to 56 with irrelevant material and information subject to clauses 3(a), (b) or (e) redacted. 2 The redactions under Order 1 are to follow those in the Confidential Annexure to these reasons. 3 Access to the information is to be provided within 28 days of the date of publication of these reasons. Catchwords: FREEDOM OF INFORMATION – government information – whether redaction of irrelevant material is a reviewable decision – personal information and health information – defamatory allegations – endanger a person's health Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Health Records and Information Privacy Act 2002 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Electoral Commissioner, State Electoral Office v McCabe GD [2003] NSWADTAP 28 Lock the Gate Alliance v Department of Planning and Environment and Anor [2019] NSWCATAD 6 PSA and POA Amalgamated Union of NSW v Premier's Department [2002] NSWADT 277 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Miskelly v Secretary, Department of Education [2019] NSWCATAD 48 Miskelly v Roads and Maritime Services [2019] NSWCATAD 133 Pallier v NSW State Emergency Service [2016] NSWCATAD 293 Pemberton v Macquarie University [2014] NSWCATAD 76 Rae v Commissioner of Police [2020] NSWCATAD 189. Raven v The University of Sydney [2015] NSWCATAD 104 Zonnevylle v NSW Department of Finance and Services [2015] NSWCATAD 175 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: Elizabeth Flaherty (Applicant) Upper Hunter Shire Council (Respondent)