Christopher v Independent Commission Against Corruption [2021] NSWCATAD 256

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Christopher v Independent Commission Against Corruption [2021] NSWCATAD 256 Hearing dates: 15 April 2021 Date of orders: 02 September 2021 Decision date: 02 September 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: (1) The decision of the respondent in regard to the information sought by the applicant in category (10), (11), (13), (14) and (15) of his access application is affirmed. (2) The decision of the respondent is otherwise set aside and the following decision and orders are made: (a) A decision to refuse access to the information in the documents that are responsive to category (1) to (5) and (7) to (9) of the applicant's access application because there is an overriding public interest against disclosure of that information. (b) Pursuant to s 63(3)(d) of the Administrative Decisions Review Act 1997 (NSW), remit the decision of the respondent in regard to the information sought by the applicant in category (12) of his access application. (3) Disclosure to the applicant of the confidential material at Attachment A and Attachment B to the affidavit of Roy Waldon, sworn on 26 February 2021, is prohibited, pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW). (4) Publication of the confidential material at Attachment A and Attachment B to the affidavit of Roy Waldon, sworn on 26 February 2021, is prohibited, pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW) Catchwords: ADMINISTRATIVE LAW – access to government information – invalid access application – excluded information Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Government Information (Public Access) Act 2009 (NSW) Independent Commission Against Corruption Act 1988 (NSW) Independent Commission Against Corruption Amendment Act 2015 (NSW) (repealed) Independent Commission Against Corruption Amendment (Validation) Act 2015 (NSW) (repealed) Interpretation Act 1987 (NSW) Cases Cited: Bergi v Department of Planning, Industry and Environment [2019] NSWCATAD 243 Coppock v Willoughby City Council [2021] NSWCATAD 166 DNM v NSW Ombudsman [2018] NSWCATAD 186 DNM v NSW Ombudsman [2019] NSWCATAP 7 Duncan v Independent Commission Against Corruption [2016] NSWCA 143 Hooper v Willoughby City Council [2021] NSWCATAD 208 HP Mercantile Pty Limited v Commissioner of Taxation [2005] FCAFC 126 Independent Commission Against Corruption v Margret Cunneen & Ors [2015] HCA 14; (2015) 256 CLR 1 Miller v Director of Public Prosecutions [2012] NSWADT 38 Category: Principal judgment Parties: Andrew Christopher (Applicant) Independent Commissioner Against Corruption (Interested Person) Representation: Counsel: C Conde for the Applicant C Spruce for the Respondent