Davis v Secretary, Department of Education [2022] NSWCATAD 55

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Davis v Secretary, Department of Education [2022] NSWCATAD 55 Hearing dates: On the papers Date of orders: 18 February 2022 Decision date: 18 February 2022 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 - confidential information – whether prejudice to the effective exercise of that agency's functions – whether prejudice to a deliberative process – breach of confidence – whether prejudice to conduct, effectiveness or integrity of any audit, test, investigation or review conducted – disclosure of personal information - whether public interest considerations against disclosure outweigh the public interest considerations favouring disclosure Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 Teaching Service Act 1980 Work Health and Safety Act 2011 Cases Cited: Anderson v University of Sydney [2018] NSWCATAD 196 Ansoul v City of Sydney [2017] NSWCATAD 65 Australian Vaccination Network v Department of Finance and Services [2013] NSWADT 60 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 DTB v Commissioner of Police, NSW Police Force [2019] NSWCATAD 114 Ermel v Department of Finance and Services [2013] NSWADT 183 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 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Johnson v Secretary, Department of Communities and Justice [2020] NSWCATAD 23 Jones v NSW Department of Education [2017] NSWCATAD 51 Leech v Sydney Water Corporation [2010] NSWADT 298 Lock the Gate Alliance v Department of Planning and Environment and Anor [2019] NSWCATAD 6 Luxford v Department of Education and Communities [2016] NSWCATAD 118 Macquarie University v Howell (No 2) [2009] NSWADTAP 19 McDonald v Commissioner of Police, NSW Police [2019] NSWCATAD 66 McKinnon v Blacktown City Council [2012] NSWADT 44 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Mclnnes v NSW Department of Education and Communities [2013] NSWADT 219 Miskelly v Transport for NSW [2017] NSWCATAD 75. Neary v State Rail Authority [1999] NSWADT 107 Public Service Association and Professional Officers Association, Amalgamated Union of NSW v Premier's Department [2002] NSWADT 277 Raven v University of Sydney [2015] NSWCATAD 104 Re B and Brisbane North Regional Health Authority (1994) 1 QAR 279 Searle Australia Pty Ltd v PIAC (1992) 108 ALR 163 Sheehy v Commissioner of Police; Rapisarda v Commissioner of Police; McDonald v Commissioner of Police; Housego v Commissioner of Police [2018] NSWCATAD 73. Singh v Legal Aid Commission (No. 2) [2015] NSWCATAD 5 Taylor v Destination NSW at paragraph [40]. Troskie v NSW Department of Education and Communities [2014] NSWCATAD 155 Turnbull v Strange [2018] NSWCA 157 Williams v Department Industry and Investment [2012] NSWADT 192: Woolley v Lismore City Council [2013] NSWADT 10 Zonnevylle v Department of Education and Communities [2018] NSWCATAD 139 Category: Principal judgment Parties: Evan Davis (Applicant) Secretary, Department of Education (Respondent) Representation: E Davis (Applicant in person) J Pendergast – agent (Respondent) File Number(s): 2019/00389960