O’Grady v Sutherland Shire Council (No 2) [2022] NSWCATAD 125

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: O'Grady v Sutherland Shire Council (No 2) [2022] NSWCATAD 125 Hearing dates: 8 and 12 October 2021 Date of orders: 14 April 2022 Decision date: 14 April 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J Gatland, Senior Member Decision: (1) Pursuant to the Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(c) and s 64(1)(d), the transcript and recording of the hearing of those parts of the hearing which took place in private and in the absence of the applicant are not to be published or disclosed to the applicant or the public. (2) Pursuant to the Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(c), the publication of the confidential exhibits filed by the respondent in these proceedings and the matters contained in those exhibits is prohibited. (3) Pursuant to the Civil and Administrative Tribunal Act 2013 (NSW) s 64(1)(d), disclosure to the applicant of the confidential exhibits filed by the respondent in these proceedings and of matters contained in those exhibits is prohibited. (4) The respondent's application for summary dismissal is refused. (5) The respondent's application for the matter to be determined without a hearing is refused. (6) The respondent's decision dated 5 August 2020 is set aside. (7) Order that documents numbered 1 to 20 and 22 to 32 inclusive in the schedule provided by the respondent to the Tribunal and applicant at the conclusion of the hearing of this matter are to be released to the applicant without redactions no later than 28 days from the date of this decision. (8) Order that unredacted copies of the documents 21 and 33 in the schedule are not to be released to the applicant in unredacted form. Catchwords: ADMINISTRATIVE LAW — Government Information (Public Access) — Grounds for refusing access — Balancing competing public interest factors for and against disclosure Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 63 Civil and Administrative Tribunal Act 2013 (NSW), ss 3, 49 50, 55, Government Information (Public Access) Act 2009 (NSW) ss 3, 4, 5, 9(1), 12, 13, 14, 15, 53, 54, 55, 80(d), 93, 104, 105, 107, Sch 1, Sch 4 Local Government Act 1993 (NSW), s 440 Evidence Act 1995 (NSW), ss 118, 119 Cases Cited: Anderson v University of Sydney [2018] NSWCATAD 196 APD v Commissioner of Police [2012] NSWADT 42 Attorney-General (NT) v Maurice (1986) 161 CLR 475 Attorney-General v Wentworth (1988) 14 NSWLR 481 Battin v University of New England [2013] NSWADT 73 BDK v Department of Education and Communities [2015] NSWCATAP 129 Betzis v Commissioner of Police [2020] NSWCATAD 71 Camilleri v Commissioner of Police (NSW) [2013] NSWADT 80 Choi v University of Technology Sydney [2019] NSWCATAD 176 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Esso Australia Resources Ltd v Commissioner of Taxation [1999] HCA 67; (1999) 201 CLR 49 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Ibrahim v Commissioner of Police (NSW) [2004] NSWADTAP 8 Leech v Sydney Water Corporation [2010] NSWADT 198 Mann v Carnell (1999) HCA 66 (1999) 201 CLR 1 McDonald v Ku-ring-gai Council [2022] NSWCATAD 17 Neary v State Rail Authority [1999] NSWADT 107 O'Grady v Sutherland Shire Council [2021] NSWCATAD 165 Selby v Commissioner of Police (NSW) [2013] NSWADT 61 Taylor v Destination NSW [2017] NSWCATAD 272 Transport for NSW v Robinson [2018] NSWCATAP 123 Transport for NSW v Searle [2018] NSWCATAP 93 Texts Cited: None cited Category: Principal judgment Parties: Rodney O'Grady (Applicant) Sutherland Shire Council (Respondent) Representation: Solicitors: Applicant (Self represented) Sutherland Shire Council Legal Officer (Respondent) File Number(s): 2021/00059482 Publication restriction: Nil