Norkin v University of New England (No. 2) [2021] NSWCATAD 371

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Norkin v University of New England (No. 2) [2021] NSWCATAD 371 Hearing dates: 28 September 2021 Date of orders: 15 December 2021 Decision date: 15 December 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: J Gatland, Senior Member Decision: 1.The respondent's decision dated 7 May 2021 is affirmed. 2. Pursuant to Civil and Administrative Tribunal Act 2013, s 64(1)(c) and s 64(1)(d), the contents of all paragraphs in these Reasons marked "[NOT FOR PUBLICATION]" are not to be published or released to the Applicant or the public. 3. Publication of the confidential affidavits filed by the respondent in these proceedings and the matters contained in and exhibited to those affidavits is prohibited. 4. Disclosure to the Applicant of the confidential affidavits filed by the respondent in these proceedings and of matters contained in those affidavits is prohibited. 5. Pursuant to Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(c) and s 64(1)(d), the transcript and recording of the hearing of those parts of the hearing which took place in private and in the absence of the Applicant are not to be published or released to the Applicant or the public. Catchwords: ADMINISTRATIVE LAW — Government Information (Public Access) — Grounds for refusing access — Balancing competing public interest factors for and against disclosure. Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 63, Sch 3 Civil and Administrative Tribunal Act 2013, s 64 Government Information (Public Access) Act 2009 (NSW) ss 3, 4, 5, 9(1), 12, 13, 14, 15, 53, 54, 55, 80(d), 104, 105, 107, Sch 4 Privacy and Personal Information Protection Act 1998 (NSW), s 18 University of New England Act 1993 (NSW) Cases Cited: AEZ v Commissioner of Police [2013] NSWAADT 90 AFW v WorkCover Authority (NSW) [2013] NSWADT 51 APD v Commissioner of Police [2012] NSWADT 42 Battin v University of New England [2013] NSWADT 73. Camilleri v Commissioner of Police (NSW) [2013] NSWADT 80 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Eyes v Wyong Shire Council [2015] NSWCATAD 214 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Leda Developments Pty Ltd v Tweed Shire Council [2013] NSWADTAP 50 Leech v Sydney Water Corporation [2010] NSWADT 198 Lonsdale v University of Sydney [2016] NSWCATAD 176 Marist Brothers St Joseph's College v Transport for NSW [2020] NSWCATAD 288 McLennan v University of New England [2013] NSWADT 113 Neary v State Rail Authority [1999] NSWADT 107 Norkin v University of New England [2021] NSWCATAD 90 Raven v University of Sydney [2015] NSWCATAD 104 Selby v Commissioner of Police (NSW) [2013] NSWADT 61 Smolenski v Commissioner of Police [2015] NSWCATAP 235 Taylor v Destination NSW [2017] NSWCATAD 272 Transport for NSW v Searle [2018] NSWCATAP 93 Zonnevylle v Department of Education and Communities [2015] NSWCATAD 10 Zonnevylle v NSW Department of Finance & Services [2015] NSWCATAD 175 Category: Principal judgment Parties: Anton Norkin (Applicant) University of New England (Respondent)