Stalvies v Snowy Monaro Regional Council [2021] NSWCATAP 246

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stalvies v Snowy Monaro Regional Council [2021] NSWCATAP 246 Hearing dates: 28 May 2021 Date of orders: 26 August 2021 Decision date: 26 August 2021 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member M Gracie, Senior Member Decision: (1) Allow the appeal concerning the information not disclosed to the appellant in Documents 1, 2 and 5 (being the documents identified in this manner by the Tribunal). (2) Set aside Order 2 made by the Tribunal on 3 December 2020. (3) The review proceedings brought by the appellant, insofar as they concern the application for disclosure of the contents of Documents 1 and 2 and the one redacted sentence in Document 5 are remitted to a differently constituted Tribunal for redetermination according to law. (4) Otherwise, the appeal is dismissed. Catchwords: APPEALS-- error of law-inadequate reasons-taking account of irrelevant considerations-failing to take account of relevant considerations-redetermination GOVERNMENT INFORMATION- information held by local council-communications with local council and local residents -whether personal information-weighing of competing interests for and against disclosure. Legislation Cited: Civil and Administrative Rules 2014 (NSW) Civil and Administrative Tribunal Act (NSW) (2013) Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Cominos v Di Rico [2016] NSWCATAP 5 Donnellan v Ku-ring-gai Council [2013] NSWADT 115 DRP v Orange City Council [2020] NSWCATAD 220 Meacham v Commissioner of Police [2020] NSW CATAP 107 New South Wales Land Housing Corporation v Orr [2019] NSWCA 231 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Janet Stalvies (Appellant) Snowy Monaro Regional Council (Respondent) Representation: Appellant (Self-Represented) Respondent (Self-Represented) File Number(s): 2021/00075480 Publication restriction: Pursuant to s 64 (1) of the Civil and Administrative Tribunal Act 2013 (NSW) order as follows: (1) no record of the hearing of the appeal conducted on 28 May 2021 in the absence of the appellant is to be released to the appellant or to the public without further order. (2) those parts of these reasons for decision that are marked "Confidential-Not for Publication" are to be kept confidential and are not to be released to the appellant or the public without further order. Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunitiy Division Citation: [2020] NSWCATAD 292 Date of Decision: 03 December 2020 Before: J Lonsdale, Senior Member File Number(s): 2020/00206722