EMQ v Cumberland City Council [2022] NSWCATAD 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EMQ v Cumberland City Council [2022] NSWCATAD 133 Hearing dates: 22 April 2022 Date of orders: 27 April 2022 Decision date: 27 April 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: P French, Senior Member Decision: (1) The respondent's General Application filed on 29 October 2021 is adjourned to a date to be fixed by the Registrar after the determination of Appeal proceeding 2022/88146 FHG v Cumberland Council. (2) The respondent's objection to the production of documents under the Summons based on s 159(1) of the Children's Guardian Act 2019 is dismissed. (3) The parties have liberty to apply for further orders. Catchwords: PROCEDURE – summons to produce documents – objections to production of particular documents – whether the agency is prevented from producing documents subject to the Summons by s 159(1) of the Children's Guardian Act 2009 Legislation Cited: Administrative Decisions Review Act 1997 Children's Guardian Act 2009 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Local Government Act 1993 Privacy and Personal Information Protection Act 1998 Cases Cited: Decision Restricted [2021] NSWCATAP 288 EMQ v Cumberland City Council [2021] NSWCATAD 162 FHG v Cumberland City Council [2021] NSWCATAD 379 Hearne v Street (2008) 235 CLR 125 Category: Procedural rulings Parties: EMQ (Applicant) Cumberland City Council (Respondent) Representation: Counsel: L Sims (Respondent)