Cleverley v Harness Racing New South Wales [2021] NSWCATAD 281

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cleverley v Harness Racing New South Wales [2021] NSWCATAD 281 Hearing dates: 10 March 2021 Date of orders: 28 September 2021 Decision date: 28 September 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW –access to government information –whether prejudice to the effective exercise of an agency's functions –whether prejudice to the conduct, effectiveness or integrity of any test or investigation - public interest in transparency and accountability - balancing public interest considerations Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Director of Public Prosecutions v Smith [1991] 1 VR 63 Flack v Commissioner of Police, NSW Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Johnson v Secretary, Department of Communities and Justice [2020] NSWCATAD 23 McDonald v Commissioner of Police, NSW Police [2019] NSWCATAD 66 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 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Place v Department of Finance, Services and Innovation [2016] NSWCATAD 278 Sheehy v Commissioner of Police; Rapisarda v Commissioner of Police; McDonald v Commissioner of Police; Housego v Commissioner of Police [2018] NSWCATAD 73 Taylor v Destination NSW [2017] NSWCATAD 272 Transport for NSW v Searle [2018] NSWCATAP 93 Category: Principal judgment Parties: David Cleverley (Applicant) Harness Racing New South Wales (Respondent) Representation: Solicitors: Hammond Nguyen Turnbull (Applicant) Cockburn & Co Lawyers (Respondent) File Number(s): 2020/281715 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the material that was filed in these proceedings on a confidential basis and to those paragraphs of these reasons identified as [Not for publication]. That material is not to be published or released to the Applicant, without further order of the Tribunal.