O’Brien v Secretary, Department Communities and Justice [2022] NSWCATAD 100

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: O'Brien v Secretary, Department Communities and Justice [2022] NSWCATAD 100 Hearing dates: 30 March and 12 November 2021 Submissions closed 31 December 2021 Date of orders: 23 March 2022 Decision date: 23 March 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the respondent dated 27 September 2019 is affirmed. Catchwords: ADMINISTRATIVE LAW – Government Information (Public Access) Act -– GIPA – Decision that documents not held – reasonable searches – information by private sector contractors – meaning of provision of services – whether information held – whether agency has right of access to information – s 121 GIPA Act – whether GIPA Act applies or overrides contract that predates GIPA Act – copyright – whether overriding public interest considerations enlivened Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Camilleri v Commissioner of Police [2012] NSW ADT 5 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 IW v City of Perth (1997) 191 CLR 1 Mannix v Department of Education and Communities [2014] NSWCATAD 35 Project Blue Sky v Australia Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Vafa v Northern Sydney Local Health District [2020] NSWCATAD 44 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 Category: Principal judgment Parties: Catherine O'Brien (Applicant) Secretary, Department of Communities and Justice (Respondent) Representation: Solicitors: Applicant self-represented DCJ Office of General Counsel (Respondent) R Wilkins (Information Commissioner s 104(1)) File Number(s): 2019/00223096 Publication restriction: Nil