Eggleton v Secretary, Department of Communities and Justice [2022] NSWCATAD 310

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Eggleton v Secretary, Department of Communities and Justice [2022] NSWCATAD 310 Hearing dates: 21 July 2022 Date of orders: 23 September 2022 Decision date: 23 September 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: The Remitted Decision of the respondent dated 9 April 2021, as varied by the respondent from 9 April 2021 to 21 July 2021, is affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review – Government information – onus of proof - scope of GIPA application - reasonable searches - access and form of access – confidential hearing and evidence Legislation Cited: Civil and Administrative Tribunal Act 2011 (WA) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Administration of Sentences) Regulation 2014 (NSW) Evidence Act 1995 (NSW) Freedom of Information Act 1982 (Vic) Government Information (Public Access) Act 2009 (NSW) Government Sector Employment Act 2013 (NSW) Industrial Relations Act 1996 (NSW) Privacy and Personal Information Protection Act State Records Act 1998 (NSW) Work Health and Safety Act 2011 (NSW) Cases Cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 at [61] Becwell Legal Services Pty Ltd v McMaster [2011] FCA 1501 at [27] Cheung v Commissioner of Police [2019] NSWCATAD 249 Choi v Commissioner of Police, NSW Police Force [2020] NSWCATAD 95 at [62] Cianfrano v Director General Department of Commerce and Anor (No 2) [2006] NSWADT 195 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 at [25] Cousins v Ambulance Service (NSW) [2014] NSWCATAD 48 Crewdson v Central Sydney Area Health Service [2002] NSWCA 345 Eggleton v Commissioner of Police [2022] NSWCATAD 218 Eggleton v Secretary, Department of Communities and Justice [2022] NSWCATAD 67 Fisher v Goulburn Mulwaree Council [2019] NSWCATAD 34 at [10] Fitzpatrick v NSW Office of Liquor and Gaming [2010] NSWADT 72 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 at [41] GA v The University of Sydney [2009] NSWADT 230 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 at [45] Hansen v Commissioner of Police [2020] NSWCATAD 89 Hooper v Willoughby City Council [2021] NSWCATAD 208 at [130] Hula v Commissioner of Police (NSW) [2013] NSWADT 153 at [32] Hurst v Wagga Wagga City Council [2011] NSWADT 307 at [60] Jackson v University of New South Wales [2019] NSWCATAD 224 Jenkinson v Department of Education and Communities [2013] NSWADT 280 Leech v Sydney Water Corporation [2010] NSWADT 298 at [25] Lonsdale v University of Sydney [2015] NSWCATAP 277 at [57] Luxford v Department of Education and Communities [2016] NSWCATAD 118 McLachlan v Commissioner of Police, NSW Police Force [2019] NSWCATAD 109 at [82]-[83] Meldru v Wollondilly Shire Council [2017] NSWCATAD 292 at [7] Miriani v Commissioner of New South Wales Police [2005] NSWADT 187 at [30] Miriani v Transport for NSW [2021] NSWCATAD 16 Miskelly v Secretary, Department of Education [2019] NSWCATAD 48 Neary v State Rail Authority [1999] NSWADT 107 at [35] Ryan v NSW Minister for Planning and Open Spaces [2021] NSWCATAD 22 at [41] Searle Australia Pty Ltd v Public Interest Advocacy Centre (1992) 36 FCR 111; (1992) 108 ALR 163; (] Seremetis v NSW Department of Justice [2019] NSWCATAD 118 at [46] Seven Network Limited v South Eastern Sydney Local Health District [2017] NSWCATAD 210 Sharpe v Grobbel [2017] NSWSC 1065 at [35] Sheehy v Commissioner of Police [2018] NSWCATAD 73 Sherman v Commissioner of Police, NSW Police Force [2016] NSWCATAD 107 at [14] South Dural Residents and Ratepayers Group Inc. v Roads and Maritime Services [2019] NSWCATAD 83 at [45]-[46] Stanley v Roads and Maritime Services (NSW) [2014] NSWCATAD 123 at [57] Taylor v Destination NSW [2017] NSWCATAD 272 at [17] Turner v Corrective Services NSW (No 2) [2013] NSWADT 232 Turner v NSW Health Pathology, Forensic & Analytical Science Service [2017] NSWCATAD 114 at [41]-[42] Watts v Department of Planning and Environment [2016] NSWCATAD 42 at [71] Willner v City of Port Phillip (Review and Regulation) [2015] VCAT 1320 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 at [42] YG & GG v Minister for Community Services [2002] NSWCA 247 at [55] Zonnevylle v Department of Justice [2018] NSWCATAD 96 at [9] Texts Cited: Not applicable Category: Principal judgment Parties: Rickie Eggleton (Applicant) Secretary, Department of Communities and Justice (Respondent) Representation: Solicitors: Self-represented - Applicant Mr J Cahill & Ms Z Dunford (Office of General Counsel) - Respondent File Number(s): 2021/00030874 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013, the publication or disclosure of the parts of these Reasons marked "NOT FOR PUBLICATION", other than to the respondent [Secretary, Department of Communities and Justice].