Male v Kempsey Shire Council [2022] NSWCATAD 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Male v Kempsey Shire Council [2022] NSWCATAD 39 Hearing dates: 31 May 2021 with a Statutory Declaration provided after the hearing by the respondent (with the consent of the applicant) to the Tribunal on 5 July 2021 for its consideration and correspondence from the parties on 1 February 2022 concerning the transcript of proceedings. Date of orders: 04 February 2022 Decision date: 04 February 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member Decision: (1) The decision of the respondent dated 6 November 2020 in file number 2020/351918 is varied to the effect that the test results for materials as contained in the tender submission of Pacific Blue Metal Pty Ltd in response to the respondent's request for tender TQE 19/16 are to be released within 35 days of the publication of these reasons subject to the provision of notice of that course of action to Pacific Blue Metal Pty Ltd and the required consultation under s 54(6) of the Government Information (Public Access) Act 2009 (NSW). (2) The decision of the respondent dated 7 December 2020 in file number 2020/363179 is affirmed. (3) The decision of the respondent dated 7 December 2020 in file number 2020/363191 is affirmed Catchwords: ADMINISTRATIVE LAW — Public access to government information — Request for information — Balancing public interest considerations — Prejudice the supply of confidential information that facilitates the effective exercise of an agency's functions — found an action against an agency for breach of confidence — reveal an individual's personal information — reveal commercial-in-confidence provisions of a government contract — diminish the competitive commercial value of any information to any person — prejudice any person's legitimate business, commercial, professional or financial interests — Balancing public interest considerations — Third party objections Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Local Government Act 1993 (NSW) Cases Cited: AFW v WorkCover Authority of NSW [2013] NSWADT 51 Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Australian Vaccination Network v Dept of Finance & Services [2013] NSWADT 60 Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252 Collins v Department of Finance, Service and Innovation [2018] NSWCATAD 60 Commissioner of Police v Danis [2017] NSWCATAP 7 Commissioner of Police, New South Wales Police Force v Camilleri (GD) [2012] NSWADTAP 19 Crewdson v Central Sydney Area Health Service [2002] NSWCA 345 Denyer v Commissioner of Police, NSW Police Force [2018] NSWCATAD 160 Director General, Department of Education & Training v Mullett (GD) [2002] NSWADTAP 13 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 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 Hopson v Commissioner of Police, NSW Police Force [2017] NSWCATAD 379 Hughes Aircraft Systems International v Airservices Australia (No 3) (1997) 76 FCR 151; [1997] ALR 1 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Leech v Sydney Water Corporation [2010] NSWADT 198 Manly v Ministry of Premier and Cabinet (1995) 14 WAR 550 Meacham v Commissioner of Police [2020] NSWCATAP 107 Media Research Group Pty Ltd v Department of Premier and Cabinet [2011] NSWADTAP 7 Medlyn v Comissioner of Police [2020] NSWCATAD 125 Meriton Property Services Pty Limited & Ors v UrbanGrowth NSW [2017] NSWCATAD 71 Minister for Immigration & Ethnic Affairs v Pochi (1980) 44 FLR 41 Nature Conservation Council v Department of Trade and Investment, Regional Infrastructure and Services (NSW) [2012] NSWADT 195 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Page v Commissioner of Police [2020] NSWCATAD 163 Randwick City Council v Nancor Trading Co Pty Ltd [2002] NSWCA 108 Raven v University of Sydney [2015] NSWCATAD 104 Ryder v Booth [1985] VR 870 Solomon V Corrective Services NSW [2016] NSWCATAD 257 South Coast Hunters Club v Eurobodalla Shire Council [2018] NSWCATAD 42 Sullivan v Civil Aviation Authority (2014) 22 FCR 555; [2014] FCAFC 93 Taylor v Office of Destination NSW [2018] NSWCATAD 195 Thomson v Commissioner of Police [2021] NSWCATAD 53 Transport for NSW v Searle [2018] NSWCATAP 93 Walker v Gosford City Council [2016] NSWCATAD 207 Walker v Northern Beaches Council [2021] NSWCATAD 251 YG and GG v Minister for Community Services [2002] NSWCA 247 Zonneyville v NSW Department of finance and Services [2015] NSWCATAD 175 Category: Principal judgment Parties: Peter Male (Applicant) Kempsey Shire Council (Respondent) Representation: Counsel: Bryce Douglas-Baker (Applicant)