Gates v Port Macquarie-Hastings Council [2022] NSWCATAD 193

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gates v Port Macquarie-Hastings Council [2022] NSWCATAD 193 Hearing dates: 23-25 November 2020 Date of orders: 10 June 2022 Decision date: 10 June 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: (1) The decisions made by the respondent in matters 2019/00041489, 2019/00120352, 2019/00120361, 2019/00120395, 2019/00120400, 2019/00120411, 2019/00120420, 2019/00120428 2019/00120431 and 2019/00403217 are affirmed. (2) In matter 2019/0012039: (a) The decision is set aside in part and in substitution it is decided (i) the respondent is to release 7 iterations of the 2016 Grader Programme as identified in evidence by Mr Prosser to the applicant; (ii) the applicant already has access to the Statewide Best Practice Manual. (b) The decision under review is otherwise affirmed. (3) In matter 2019/00120338: (a) The decision is set aside in part and in substitution the respondent is to release to the applicant the report from Jeff Roorda. (b) The decision under review is otherwise affirmed. (4) In matter 2019/00120405: (a) The decision is set aside in part and in substitution the respondent is to release to the applicant the documents attached to Exhibit R6 and Exhibit 7. (b) The decision under review is otherwise affirmed. (5) In matter 2019/120384 the decision of the respondent refusing to deal with the application is set aside and in substitution a decision is made that the information is already available to the applicant. Catchwords: ADMINISTRATIVE LAW – administrative review - Government Information – whether further information held – adequacy of searches - refusal to deal – relevant factors – aggregation of applications Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Camilleri v Commissioner of Police (NSW) [2012] NSWADT 5 Choi v Commissioner of Police, NSW Police Force [2020] NSWCATAP 211 Cianfrano v Director General, Premier's Department [2006] NSWADT 137 Colefax v Department of Education and Communities (NSW) (No 1) [2013] NSWADT 42 Colefax v Department of Education and Communities (No. 2) [2013] NSWADT 130 Commissioner of Police v Danis [2017] NSWCATAP 7 Klaric v Commissioner of Police [2020] NSWCATAD 47 Miriani v Commissioner of Police (NSW) [2005] NSWADT 187 Mizzi v Commissioner of Police (NSW) [2013] NSWADT 150 Ruyters v Commissioner of Police [2020] NSWCATAD 223 Saggers v Environment Protection Authority [2013] NSWADT 109 Secretary, Department of Treasury and Finance v Kelly [2001] VSCA 246 Shoebridge v Forestry Corporation of NSW [2016] NSWCATAD 93 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 Category: Principal judgment Parties: Steven Gates (Applicant) Port Macquarie-Hastings Council (Respondent) Representation: Solicitors: Applicant (Self-represented) Lindsay Taylor Lawyers (Respondent) File Number(s): 2019/00041489 2019/00120338 2019/00120352 2019/00120361 2019/00120384 2019/00120391 2019/00120395 2019/00120400 2019/00120405 2019/00120411 2019/00120420 2019/00120428 2019/00120431 2019/00403217 Publication restriction: Nil