Dennis v Department of Planning, Industry and Environment [2021] NSWCATAD 377

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dennis v Department of Planning, Industry and Environment [2021] NSWCATAD 377 Hearing dates: 23 March 2021; 3 June 2021; 1 July 2021 Date of orders: 22 December 2021 Decision date: 22 December 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 - whether public interest considerations against disclosure, on balance, outweigh the public interest considerations in favour of disclosure Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Privacy and Personal Information Protection Act 1988 Cases Cited: Applicants v Commissioner of Police (NSW) [2015] NSWCATAD 22 Bannister v Department of Finance, Services and Innovation [2018] NSWCATAD 33 Battin v University of New England [2013] NSWADT 73 Commissioner of Police (NSW) v Camilleri [2012] NSWADTAP 19 DDL v Mid-Western Regional Council [2018] NSWCATAD 2 DDT v Charles Sturt University [2017] NSWCATAD 329 Director General, Department of Education & Training v Mullett [2002] NSWADTAP 13 Director of Public Prosecutions v Smith [1991] 1 VR 63 DQN v University of Sydney [2019] NSWCATAD 159 Fire Brigade Employees' Union v Fire and Rescue NSW [2014] NSWCATAD 113 Flack v Commissioner of Police, NSW Police [2011] NSWADT 286 Hopson v Commissioner of Police, NSW Police Force [2017] NSWCATAD 379 Hurst v Wagga Wagga City Council [2011] NSWADT 307; Jenkinson v Department of Education and Communities (NSW) [2013] NSWADT 280. Lock the Gate Alliance v Department of Planning and Environment and Anor [2019] NSWCATAD 6 Luxford v Department of Education and Services [2016] NSWCATAD 118 Mansfield v Department of Family and Community Services (NSW) [2014] NSWCATAD 43 McKinnon v Blacktown City Council [2012] NSWADT 44 McLennan v University of New England [2013] NSWADT 113 Miskelly v Secretary, Department of Education [2019] NSWCATAD 48 MJ v Department of Education and Commerce [2013] NSWADT 213 Place v Department of Finance, Services and Innovation [2016] NSWCATAD 278 Public Service Association and Professional Officers Association, Amalgamated Union of NSW v Premier's Department [2002] NSWADT 277 Re Waterford and Department of the Treasury (No 2) [1984] AATA 67; (1984) 5 ALD 588 Sheehy v Commissioner of Police (NSW) [2018] NSWCATAD 73 Taylor v Destination NSW [2017] NSWCATAD 272 Transport for NSW v Searle [2018] NSWCATAP 93 Williams v Department of Industry and Investment (NSW) [2012] NSWADT 192 Category: Principal judgment Parties: Mark Dennis (Applicant) Department of Planning, Industry and Environment (Respondent) Representation: Solicitors: McNally Jones Staff (Applicant) Crown Solicitor (Respondent) File Number(s): 2020/00324082