Howlett v Moree Plains Shire Council [2021] NSWCATAD 354

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Howlett v Moree Plains Shire Council [2021] NSWCATAD 354 Hearing dates: On the papers Date of orders: 25 November 2021 Decision date: 25 November 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: P French, Senior Member Decision: (1) Pursuant to section 50(2) of the Civil and Administrative Tribunal Act 2013 a hearing of the application is dispensed with. (2) The agency's decision to refuse to release to the applicant a non-redacted copy of the petition and associated documents is set aside. (3) The applicant is granted access to a non-redacted copy of the petition and its associated documents. (4) The agency must release to the applicant a non-redacted copy of the petition and its associated documents within 28 days of the date of these orders. Catchwords: ADMINISTRATIVE LAW – administrative review of a reviewable decision – decision to refuse access to information – redaction of names of petitioners to a local authority – whether public interest considerations against disclosure outweigh public interest considerations in favour of disclosure Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Cemeteries and Crematoria Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Local Government Act 1993 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Director of Public Prosecutions v Smith [1991] VR 63 Fahey v NSW Office of Liquor, Gaming and Racing [2012] NSWADT 181 Flack v Commissioner of Police, NSW Police [2011] NSWADT 286 Hurst v Wagga City Council [2011] NSWADT 307 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Rock v Legal Aid NSW [2021] NSWCATAD 308 Williams v Department Industry and Investment [2012] NSWADT 192 Texts Cited: Information and Privacy Commission, Information Protection Principles for agencies, May 2020 Category: Principal judgment Parties: Alison Howlett (Applicant) Moree Plains Shire Council (Respondent) Representation: Applicant (Self-Represented) Alice Tramby (Agent for the Respondent) File Number(s): 2021/00075334 Publication restriction: Nil