Anicic v Fairfield City Council [2022] NSWCATAD 199

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Anicic v Fairfield City Council [2022] NSWCATAD 199 Hearing dates: 7 April 2022 Date of orders: 15 June 2022 Decision date: 15 June 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J Levine, Senior Member Decision: (1) The Decision under review is affirmed. (2) Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013, disclosure of (a) the material filed by the Respondent on a confidential basis; (b) those portions of paragraph 57 of these reasons identified as [NOT FOR PUBLICATION], (c) the submissions made in private before the Tribunal, and (d) the record of that part of the proceedings conducted in private pursuant to section 49 of the Civil and Administrative Tribunal Act 2013, is prohibited. That material is not to be released to the Applicant or the public. Catchwords: ADMINISTRATIVE LAW – access to government information – investigation of complaint against staff – request for access to redacted portions of documents – confidential information – whether prejudice to exercise of the agency's functions – whether prejudice to conduct, effectiveness or integrity of any audit, test, investigation or review conducted – whether disclosure reveals personal information – whether disclosure contravenes an information protection principle Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Protection Act 2002 (NSW) Cases Cited: Ansoul v City of Sydney [2017] NSWCATAD 65 Commissioner of Police, NSW Police Force v Camilleri [2012] NSWADTAP 19 Transport for NSW v Searle [2018] NSWCATAP 93 Winn v The Hills Shire Council [2020] NSWCATAD 14 Texts Cited: None Category: Principal judgment Parties: Gorica Anicic (Applicant) Fairfield City Council (Respondent) Representation: Solicitors: Applicant (Self-represented) Matthews Folbigg Lawyers (Respondent) File Number(s): 2021/00286322 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of the material filed by the Respondent on a confidential basis, the evidence and submissions given in private, and the record of that part of the proceedings conducted in private, and those portions of paragraph 57 of these reasons identified as [NOT FOR PUBLICATION] is prohibited. That material is not to be released to either the Applicant or the public.