McDonald v Ku-ring-gai Council [2022] NSWCATAD 17

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McDonald v Ku-ring-gai Council [2022] NSWCATAD 17 Hearing dates: 7 and 8 June 2021; subsequent written submissions Date of orders: 14 January 2022 Decision date: 14 January 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: S Goodman SC, Senior Member Decision: (1) In proceeding 2020/00304261: (a) the decision of the respondent dated 28 August 2020 is varied such that documents: (i) 4.0; (ii) 6.0; (iii) 7.0; and (iv) 15.0; are released to the applicant; (b) the decision of the respondent is otherwise affirmed in relation to the documents listed in the Schedule to these Reasons; (2) In proceeding 2020/00330934: (a) the decision of the respondent dated 17 September 2020 is varied so that document 4a is released to the applicant; (b) the decision of the respondent is otherwise affirmed in relation to the documents listed in the Schedule to these Reasons. 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) Administrative Decisions Tribunal Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Local Government Act 1993 (NSW) Local Government (General) Regulation 2000 Cases Cited: Australians for Sustainable Development Inc. v Barangaroo Delivery Authority [2013] NSWADT 252 Commissioner of Police v Danis [2017] NSWADTAP 7 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Diehm v Greater Taree City Council [2010] NSWADT 241 Eyes v Wyong Shire Council [2016] NSWCATAD 120 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Forbidden Foods Pty Ltd v Rice Marketing Board for the State of NSW (No 2) [2020] NSWCATAD 73 Forbidden Foods Pty Ltd v Rice Marketing Board of New South Wiles [2020] NSWCATAD 18 Frugtniet v Administrative Decisions Tribunal (Appeal Panel) [2005] NSWCA 257 HT v The Queen [2019] HCA 40; (2019) CLR 403 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Leichhardt Municipal Council v Roads and Traffic Authority [2005] NSWADT 37 Lock the Gate Alliance v Department of Planning and Environment & Department of Premier and Cabinet [2019] NSWCATAD 6 Luxford v Department of Education and Communities [2016] NSWCATAD118 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 Retain Beacon High School Committee Inc v NSW Treasury [2007] NSWADT 55 Sheehy v Commissioner of Police; Rapisarda v Commissioner of Police; McDonald v Commissioner of Police; Housego v Commissioner of Police [2018] NSWCATAD 73 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 Taylor v Office of Destination NSW [2018] NSWCATAD 195 Transport for NSW v Searle [2018] NSWCATAP 93 University of New South Wales v McGuirk [2006] NSWSC 1362 Williams v Department Industry and Investment [2012] NSWADT 192 YG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: Linda McDonald (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: Mr P Walsh (Applicant) Ms Z Heger (Respondent)