Mann v Harness Racing NSW [2021] NSWCATAD 330

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mann v Harness Racing NSW [2021] NSWCATAD 330 Hearing dates: On the papers Date of orders: 10 November 2021 Decision date: 10 November 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Goodman SC, Senior Member Decision: (1) The decision of the respondent made on 23 October 2020 to provide information to the access applicant is varied as follows: (a) access to the letter dated 31 August 2020 is to be provided to the access applicant after the redaction of: (i) all text between (but not including) "31 August 2020" and the first sentence of the letter; (ii) the first two full sentences on the second page; (b) access to the email chain dated 22 May 2018 is to be provided to the access applicant after the redaction of: (1) the name, email address, position and telephone number of the applicant; (2) the subject line of the email chain (3); the name of the person mentioned in the subject line of the email chain, wherever that name appears in the email chain; and (4) the date of disqualification; (c) access is not to be provided to the minutes of the meeting of the directors of NSW Harness Racing Standardbred Re-Homing Company Limited held on 24 August 2020; (2) The decision of the respondent made on 23 October 2020 to provide information to the access applicant is otherwise affirmed; (3) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013, the disclosure or publication of: (a) the confidential statement of the applicant dated 27 April 2021; (b) the parts of these Reasons marked "NOT FOR PUBLICATION", to any person, other than the applicant or the applicant's legal representatives is prohibited. 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 Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Commissioner of Police v Danis [2017] NSWCATAP 7 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Forbidden Foods Pty Ltd v Rice Marketing Board of New South Wales [2020] NSWCATAD 18 Frugtniet v Administrative Decisions Tribunal (Appeal Panel) [2005] NSWCA 257 Hurst v Wagga Wagga City Council [2011] NSWADT 307 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 Taylor v Office of Destination NSW [2018] NSWCATAD 195 Transport for NSW v Searle [2018] NSWCATAP 93 YG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: Kingsley Wallace Mann (Applicant) Harness Racing NSW (Respondent)