Australian Education Union, NSW Teachers Federation Branch v New South Wales Department of Education [2022] NSWCATAD 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Australian Education Union, NSW Teachers Federation Branch v New South Wales Department of Education [2022] NSWCATAD 97 Hearing dates: 4 February 2022 Date of orders: 21 March 2022 Decision date: 21 March 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: S Dunn, Senior Member Decision: 1. The decision under review is affirmed in so far as it relates to Documents 2 and 3. 2. Pursuant to ss 64(1)(c) and 64(1)(d) of the Civil and Administrative Tribunal Act 2013 the contents of all paragraphs in these reasons marked NOT FOR PUBLICATION are not to be published or disclosed to the Applicant or the public. Catchwords: ADMINISTRATIVE LAW – administrative review - Government Information – Cabinet information – document that reveals or tends to reveal the position a Minister has taken, is taking, will take, is considering taking or has been recommended to take on a matter in Cabinet – reasonable grounds Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Government Sector Employment Act 2013 (NSW) Cases Cited: Bennison v NSW Department of Premier and Cabinet [2016] NSWCATAD 101 D'Adam v New South Wales Treasury [2014] NSWCATAD 68 Fiddletown Investments Limited v Department of Premier and Cabinet ; Fiddletown Investments Limited v NSW Treasury [2021] NSWCATAD 17 Lock the Gate Alliance v Department of Planning and Environment & Department of Premier and Cabinet [2019] NSWCATAD 6 Transport for NSW & Ors v Robinson [2018] NSWCATAP 123 Category: Principal judgment Parties: Australian Education Union, NSW Teachers Federations Branch (Applicant) New South Wales Department of Education (First Respondent) Premier of New South Wales (Second Respondent) Representation: Counsel: D Bhutani (Applicant) R Pietriche (First and Second Respondent)