Fisher v Queanbeyan Palerang Regional Council [2022] NSWCATAD 242

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fisher v Queanbeyan Palerang Regional Council [2022] NSWCATAD 242 Hearing dates: 30 May 2022 Date of orders: 21 July 2022 Decision date: 21 July 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. Pursuant to s 63(3)(b) of the Administrative Decisions Review Act 1997 (NSW), I vary the respondent's decision dated 11 March 2022 with respect to item 6 of the Schedule of Documents, as follows: (a) Access to the email from the Barrister acting for Mr Mooney to Mr Turland dated 25 March 2022 is refused pursuant to cl 5 of Schedule 1 of the GIPA Act. (b) The respondent is to provide the applicant with a redacted copy of the letter from Mr Tooth to Mr Mooney's Barrister dated 13 April 2022 pursuant to cl 3(a) to the Table in s 14 of the GIPA Act. 2. The respondent's decision dated 11 March 2022 is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review – Government information – review of decision made following an order for the respondent to reconsider its decision – reasonable searches – Legal privilege Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Freedom of Information Act 1989 (NSW) Government Information (Public Access) Act 2009 (NSW) Local Government Act 1906 (NSW) Local Government Act 1993 (NSW) Roads Act 1993 (NSW) State Records Act 1998 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; (2006) 80 ALJR 1672; (2006) 229 ALR 457; [2006] HCA 46 at [61] Cianfrano v Director General, Premier's Department [2006] NSWADT 137 at [62] Colefax v Department of Education and Communities (NSW) No 2 [2013] NSWADT 130 at [27] Commissioner of Police v Danis [2017] NSWCATAP 7 at [43] Fisher v Commissioner of Police, NSW Police Force [2019] NSWCATAD 205 Fisher v Goulburn Mulwaree Council [2019] NSWCATAD 34 at [10] Fisher v Queanbeyan Palerang Regional Council [2022] NSWCATAD 48 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 at [41] Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 at [45] Hurst v Wagga Wagga City Council [2011] NSWADT 307 John Leo Fisher v The Queen [2019] NSWDC 297 Leech v Sydney Water Corporation [2010] NSWADT 298 at [25] Meldru v Wollondilly Shire Council [2017] NSWCATAD 292 at [7] Ruyters v Commissioner of Police [2020] NSWCATAD 223 at [18], [24] Taylor v Destination NSW [2017] NSWCATAD 272 at [17] Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 YG & GG v Minister for Community Services [2002] NSWCA 247 at [55] Texts Cited: Nil Category: Principal judgment Parties: John Fisher (Applicant) Queanbeyan-Palerang Regional Council (Respondent) Representation: Solicitors: Applicant (Self-represented) Mr A Turland (Respondent) File Number(s): 2021/00167059 Publication restriction: Not applicable