Shaw v Secretary, Department of Education [2021] NSWCATAD 224

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shaw v Secretary, Department of Education [2021] NSWCATAD 224 Hearing dates: 1 March 2021 Date of orders: 02 August 2021 Decision date: 02 August 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: The Respondent's reviewable decisions in relation to access applications GIPA 20-481, GIPA 20-482 and GIPA 20-484 are affirmed Catchwords: ADMINISTRATIVE LAW – access to government information – access applications – conclusive presumption – overriding public interest considerations against disclosure – child protection – legal professional privilege – balancing exercise - public interest considerations in favour of disclosure – public interests considerations against disclosure – whether overriding public interest against disclosure Legislation Cited: Administrative Decisions Review Act 1997 Children and Young Persons (Care and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act 1998 Cases Cited: Alexander v University of Sydney [2008] NSWADT 214 AMH v Western New South Wales Local Health District [2013] NSWADT 282 Amos v Central Coast Council [2019] NSWCATAD 226 Camilleri v Commissioner of Police (NSW) [2012] NSWADT 5 Camilleri v Commissioner of Police (NSW) [2013] NSWADT 80 Commissioner of Police, NSW Police Force v Barrett (No 2) [2016] NSWCATAP 86 Cousins v Ambulance Service (NSW) [2014] NSWCATAD 48 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Independent Pricing and Regulatory Tribunal v Services Sydney Pty Limited [2008] NSWADTAP 79 Jenkinson v Department of Education and Communities [2013] NSWADT 280 Klaric v Commissioner of Police [2020] NSWCATAP 153 Leech v Sydney Water Corporation [2010] NSWADT 298 Lock the Gate Alliance v Department of Planning and Environment [2019] NSWCATAD 6 Luxford v NSW Department of Education and Communities [2016] NSWADT 118 McKinnon v Department of Treasury [2006] HCA 45 Mclnnes v NSW Department of Education and Communities [2013] NSWADT 219 Miriani v Commissioner of Police, New South Wales Police [2005] NSWADT 187 Miskelly v Roads and Maritime Services [2019] NSWCATAD 133 Neary v State Rail Authority [1999] NSWADT 107 Public Service Assn v Premier's Department [2002] NSWADT 277 Robinson v Commissioner of Police [2014] NSWCATAP 73 Searle Australia Pty Ltd v PIAC (1992) 108 ALR 163 Selbv v Commissioner of Police (NSW) [2013] NSWADT 61 Seven Network Ltd v News Ltd [2005] FCA 142 Williams v Department of Industry and Investment [2012] NSWADT 192 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 Texts Cited: Nil Category: Principal judgment Parties: Rebecca Shaw (Applicant) Secretary, Department of Education (Respondent) Representation: Applicant (Self-Represented) J Pendergast (Respondent) File Number(s): 2020/00320298 Publication restriction: Pursuant to s 64(1)(a) and 64(1)(d) of the Civil and Administrative Tribunal Act 2013, the publication and disclosure of the names of the Applicant's children and the school they attend is prohibited.