Giblin v Department of Planning and Environment [2022] NSWCATAD 232

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Giblin v Department of Planning and Environment [2022] NSWCATAD 232 Hearing dates: 2 May 2022 Date of orders: 12 July 2022 Decision date: 12 July 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: E Bishop, Senior Member Decision: 1. The decision of the respondent is varied to provide access to Document 11A. 2. The decision of the respondent to refuse access to Documents 2A, 3A, 4A, 6A, 7A, 10, 11, 13, 13A and 16A is affirmed. Catchwords: ADMINISTRATIVE LAW — access to government information — access application — public interest considerations in favour of disclosure — public interest considerations against disclosure — whether overriding public interest against disclosure Legislation Cited: Administrative Decision Review Act 1997 (NSW), ss 9, 63 Civil and Administrative Tribunal Act 2013 (NSW), ss 30, 64, Sch 3, cl 9(4) Government Information (Public Access) Act 2009 (NSW), ss 5, 9, 12, 13, 14, 80, 100, 104, 105, 107 Cases Cited: Commissioner of Police v Danis [2017] NSWCATAP 7 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Transport for NSW v Searle [2018] NSWCATAP 93 University of New South Wales v McGuirk [2006] NSWSC 1362 Wavelength Group Pty Ltd v Upper Hunter Shire Council [2021] NSWCATAD 182 Category: Principal judgment Parties: Warwick Giblin (Applicant) Department of Planning and Environment (Respondent) Representation: Solicitors: Applicant (Self-represented) Crown Solicitor (Respondent) Information Commissioner File Number(s): 2021/00360633 Publication restriction: Pursuant s 64 of the Civil and Administrative Tribunal Act 2013 (CAT Act) and s 107(2) and s 107(3) of the Government Information (Public Access) Act 2009 (NSW), the publication or disclosure to the applicant of the confidential material filed with the Tribunal or matters contained in the confidential material and the publication of the report of the confidential hearing is prohibited.