Hooper v Willoughby City Council [2021] NSWCATAD 208

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hooper v Willoughby City Council [2021] NSWCATAD 208 Hearing dates: 31 August 2020; 30 September 2020 Date of orders: 16 July 2021 Decision date: 16 July 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: (1) Pursuant to section 63(3)(d) of the Administrative Decisions Review Act 1997 (NSW), the decision of the respondent, made on 13 February 2020, to refuse Mr Hooper with access to the information in document number 1, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 20, 21, 22, 25, 26, 27, 28, 29, 31, 33, 37, 38, 38, 39 and 40 is set aside and remitted for reconsideration in accordance with these reasons for decision. That reconsideration is to be undertaken by an officer of the respondent who has not had any previous involvement in this matter or the matters to which the information relates. (2) The decision of the respondent to impose a processing charge is set aside. (3) The decision of the respondent is otherwise affirmed. (4) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013, without the leave of the Tribunal, the paragraphs (in whole or part) marked '[NOT FOR PUBLICATION]' are not to be published or disclosed to Mr Hooper or his legal representatives. Catchwords: ADMINISTRATIVE LAW – merits review – access to government information – adequacy of search – information for which there is a conclusive public interest against disclosure (excluded information and privileged information) – information for which there is an overriding public interest against disclosure (cl 1(d) and (f), cl 3(a) and (b) and cl 6(1) of the table to s 14(2) of the Government Information (Public Access) Act 2009) – processing charge Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Freedom of Information Act 1989 (NSW)(repealed) Government Information (Public Access) Act 2009 (NSW) Evidence Act 1995 (NSW) Local Government Act 1993 (NSW) Local Government (General) Regulation2005 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: AWB Limited v Honourable Terence Rhoderic Hudson Cole (No 5) [2006] FCA 1234 Beregi v Department of Planning, Industry and Environment [2019] NSWCATAD 253 Broadribb v Medical Council of New South Wales [2018] NSWCATAD 213 Cianfrano v Director General Department of Commerce [2006] NSWADT 195 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Coppock v Willoughby City Council [2021] NSWCATAD 166 DF v Director General, Attorney General's Department [2002] NSWADT 164 Klaric v Commissioner of Police [2020] NSWCATAP 153 Leech v Sydney Water Corporation [2010] NSWADT 298 Mann v Carnell (1999) CLR 1; 168 ALR 86; [1999] HC 66 McLennan v University of New England [2013] NSWADT 113 Miller v Director of Public Prosecutions [2012] NSWCAT 38 Neary v State Rail Authority [1999] NSWADT 107 Searle Australia Pty Ltd v PIAC [1992] FCA 241, (1992) 108 ALR 163 Transport for NSW v Robinson [2018] NSWCATAP 123 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 Texts Cited: Nil Category: Principal judgment Parties: John Hooper (Applicant) Willoughby City Council (Respondent) Office of Local Government (Interested Person) Representation: Counsel: M Cobb-Clarke (Interested Party)