Moree Plains Shire Council v Howlett [2022] NSWCATAP 221

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Moree Plains Shire Council v Howlett [2022] NSWCATAP 221 Hearing dates: 22 April 2022 Date of orders: 07 July 2022 Decision date: 07 July 2022 Jurisdiction: Appeal Panel Before: N Hennessy ADCJ, Deputy President Dr R Dubler SC, Senior Member Decision: (1) The appeal is allowed. (2) Orders 2, 3 and 4 made by the Tribunal on 25 November 2021 are set aside. (3) In substitution for those orders, the following orders are made: The decision under review is affirmed. Catchwords: APPEAL – access to government information – where agency refused to provide access to names of individuals who had written a letter complaining about a Council project – where content of letter released to applicant – whether there is an overriding public interest against disclosure of the names of the individuals who signed the letter Legislation Cited: Administrative Decision Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2014 (NSW) Government Information (Public Access) Act 2009 (NSW) Health Records and Information Privacy Act 2002 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: CJU v NSW Ministry of Health [2018] NSWCATAD 181 Commissioner of Police (NSW) v Barrett [2015] NSWCATAP 68 Commissioner of Police, NSW Police Force v Camilleri [2012] NSWADTAP 19 Fahey v NSW Office of Liquor, Gaming and Racing [2012] NSWADT 181 Texts Cited: None cited Category: Principal judgment Parties: Moree Plains Shire Council (Appellant) Allison Howlett (Respondent) Representation: Counsel: C Brain (Appellant)