CLT v Department of Education [2021] NSWCATAD 249

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CLT v Department of Education [2021] NSWCATAD 249 Hearing dates: On the papers Date of orders: 20 August 2021 Decision date: 20 August 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Goodman SC, Senior Member Decision: (1) The decision of the respondent under s 58(1)(d) of the Government Information (Public Access) Act 2009 to refuse access to information because of an overriding public interest consideration against disclosure of the information is: (a) varied, by granting the applicant access to the following information within 28 days of the date of these Orders: (i) each of pages 14, 16, 28, 36, 78, 148, 152 and 158 in their entirety; (ii) page 123, save to the extent it has been redacted in reliance upon s 74 of the Government Information (Public Access) Act 2009; (iii) page 245, save to the extent that the previously redacted portions contain names, telephone numbers or text redacted from the 18 October 2019, 1.12 pm email; (iv) pages 471 – 472, save to the extent that the previously redacted portions contain names or telephone numbers; (v) page 582, save to the extent that the previously redacted portions contain names; (vi) page 583, save to the extent that the previously redacted portions contain names, email addresses, telephone numbers, or text contained in the third redacted box; (vii) page 585, save to the extent that the previously redacted portions contain names (other than the applicant's name); (viii) page 586, save to the extent that the previously redacted portions contain names, email addresses, telephone numbers, or text corresponding to that contained in the third redacted box on page 583; (ix) page 595, save to the extent that the previously redacted portions contain names or telephone numbers; (x) page 597, save to the extent that the previously redacted portion contains names or telephone numbers; (b) otherwise affirmed; (2) The implied decision of the respondent under s 58(1)(b) of the Government Information (Public Access) Act 2009 that it does not hold any information responsive to the access application other than the 802 pages provided to the Tribunal ("Decision") is remitted to the respondent pursuant to s 65 of the Administrative Decisions Review Act 1997 for reconsideration; (3) The respondent is to affirm the Decision, vary the Decision or set it aside and make a new decision in substitution, in accordance with s 65(2) of the Administrative Decisions Review Act 1997, and to provide reasons, both to the applicant and the Tribunal, within 28 days of the date of these Orders; (4) The applicant is to inform the Tribunal and the respondent whether she wishes to proceed with the application for review of the Decision, or withdraw her application in respect of that decision, within 49 days of the date of these Orders; (5) If the applicant decides to proceed with her application for review, she is to request the Registry to relist the matter for directions when she informs the Tribunal of her decision in accordance with Order 4 above; (6) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013: (a) The applicant is to be identified by the pseudonym "CLT"; (b) The identity of the applicant is not to be disclosed by the respondent or any other person and she is to be referred to as "CLT". Catchwords: ADMINISTRATIVE LAW – access to government information – access application – public interests in favour of disclosure – public interests against disclosure – whether overriding public interest against disclosure – review of decision that information not held by an agency Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Amos v Central Coast Council [2018] NSWCATAD 101 Chetcuti v The University of Sydney [2020] NSWCATAD 164 Commissioner of Police v Danis [2017] NSWCATAP 7 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Flaherty v Upper Hunter Shire Council [2021] NSWCATAD 178 Forbidden Foods Pty Ltd v Rice Marketing Board of New South Wales [2020] NSWCATAD 18 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Jackson v University of New South Wales [2019] NSWCATAD 224 McMillan v Commissioner of Police, NSW Police Force; Brady v Commissioner of Police, NSW Police Force [2013] NSWADT 53 Meacham v Commissioner of Police [2020] NSWCATAP 107 Miskelly v Roads and Maritime Services [2019] NSWCATAD 133 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Pearson v Commissioner of Police, NSW Police Force [2019] NSWCATAD 113 Roberts v Commissioner of Police, NSW Police Force [2018] NSWCATAD 127 Robinson v Department of Health [2002] NSWADT 222 Taylor v Office of Destination NSW [2018] NSWCATAD 195 Transport for NSW v Searle [2018] NSWCATAP 93 Wojciechowska v Cmr of Police [2020] NSWCATAP 173 Texts Cited: Nil Category: Principal judgment Parties: CLT (Applicant) Department of Education (Respondent) Representation: Applicant (Self-represented) Respondent (Self-represented) File Number(s): 2020/00112820 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013: