Eastman v Nepean Blue Mountains Local Health District [2022] NSWCATAD 263

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Eastman v Nepean Blue Mountains Local Health District [2022] NSWCATAD 263 Hearing dates: 2 June 2022 Date of orders: 3 November 2022 Decision date: 03 November 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) The decision under review is affirmed insofar as it concerns documents 1, 2 and 4. (2) The Tribunal otherwise sets aside the decision under review and remits the matter for reconsideration by the Respondent in accordance with the reasons for this decision, within 28 days. (3) The matter is listed for a case conference at 10:30 am on 5 December 2022. Catchwords: ADMINISTRATIVE LAW – Government Information – access – sufficiency of search - personal information - confidential information that facilitates the effective exercise of an agency's functions - information provided to an agency in confidence – disclosure of information provided to agency in confidence - whether overriding public interest against disclosure. Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Cases Cited: Applicants v Commissioner of Police (NSW) [2015] NSWCATAD 22 Battin v University of New England [2013] NSWADT 73 Camilleri v Commissioner of Police, NSW Police Force [2012] NSWADT 5. Commissioner of Police (NSW) v Camilleri [2012] NSWADTAP 19 Crewdson v Central Sydney Area Health Service [2002] NSWCA 345 DDT v Charles Sturt University [2017] NSWCATAD 329 Director General, Department of Education & Training v Mullett [2002] NSWADTAP 13 DQN v University of Sydney [2019] NSWCATAD 159 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Jenkinson v Department of Education and Communities (NSW) [2013] NSWADT 280. Mansfield v Department of Family and Community Services (NSW) [2014] NSWCATAD 43 McKinnon v Blacktown City Council [2012] NSWADT 44 Mizzi v Commissioner of Police (NSW) [2013] NSWADT 150 MJ v Department of Education and Commerce [2013] NSWADT 213 MJ v Department of Education and Communities [2014] NSWCATAD 12 Raven v The University of Sydney [2015] NSWCATAD 104 Sheehy v Commissioner of Police (NSW) [2018] NSWCATAD 73 Shepherd v Department of Housing, Local Government and Planning [1994] QICmr 7, (1994) 1 QAR 464 Smith v Pittwater Council [2016] NSWCATAD 67 Taylor v Destination NSW [2020] NSWCATAD 137 Walker v Roads and Maritime Services [2019] NSWCATAD 177 Williams v Department of Industry and Investment (NSW) [2012] NSWADT 192 Texts Cited: Nil Category: Principal judgment Parties: Virginia Eastman (Applicant) Nepean Blue Mountains Local Health District (Respondent) Representation: Applicant (Self-represented) Right to Information Coordinator, Nepean Blue Mountains Local Health District (Respondent) File Number(s): 2021/00265859 Publication restriction: Nil