FGK v Legal Aid NSW [2021] NSWCATAD 308

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FGK v Legal Aid NSW [2021] NSWCATAD 308 Hearing dates: 14 December 2020, 24 May 2021 Date of orders: 22 October 2021 Decision date: 22 October 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 – access application – prejudice supply of confidential information - prejudice effective exercise of agency's functions - personal information - confidential material - false or unsubstantiated allegations about a person that are defamatory - applicant's personal factors - not be in the best interests of a child - contravention of any other Act or statutory rule that prohibits the disclosure of information - whether public interest considerations against disclosure, on balance, outweigh the public interest considerations in favour of disclosure Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Legal Aid Commission Act 1979 (NSW) Legal Profession Uniform Law (NSW) Family Law Act 1975 (Cth) Privacy and Personal Information Protection Act 1988 (NSW) Cases Cited: AFW v WorkCover Authority of NSW [2013] NSWADT 51 Alexander v University of Sydney [2008] NSWADT 214 Cameron v Commissioner of Police, NSW Police Force [2014] NSWCATAD 13. Collins v Department of Finance, Service and Innovation (2018) NSWCATAD 60 Commissioner of Police & New South Wales Police Force v Camilleri [2012] NSWADTAP 19 Director of Public Prosecutions v Smith [1991] 1 VR 63 EIF v Legal Aid NSW [2020] NSWCATAD 113 Fire Brigade Employees' Union v Fire and Rescue NSW [2014] NSWCATAD 113 Flack v Commissioner of Police, NSW Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 McKinnon v Blacktown City Council [2012] NSWADT 44 McKinnon v Department of Treasury [2006] HCA 45. Medlyn v Commissioner of Police [2020] NSWCATAD 125 Miskelly v Secretary, Department of Education [2019] NSWCATAD 48 Place v Department of Finance, Services and Innovation [2016] NSWCATAD 278 Re Waterford and Department of the Treasury (No 2) [1984] AATA 67; (1984) 5 ALD 588 Robinson v Department of Health [2002] NSWADT 222 Taylor v Destination NSW [2017] NSWCATAD 272 Van der Wall v University of Sydney [2008] NSWADT 213 Category: Principal judgment Parties: FGK (Applicant) Legal Aid NSW (Respondent) Representation: Solicitors: Applicant (self-represented) Crown Solicitors Office (Respondent) File Number(s): 2020/00248732 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. That material is not to be published or released to the Applicant, without further order of the Tribunal. Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013 the names of the Applicant, the Applicant's children and the Independent Children's Lawyer are not to be disclosed.