FLF v Children’s Guardian [2022] NSWCATAD 380

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FLF v Children's Guardian [2022] NSWCATAD 380 Hearing dates: 8 June 2022 Date of orders: 07 December 2022 Decision date: 07 December 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: P French, Senior Member Decision: (1) The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review of a reviewable decision – decision to refuse to provide access to certain information Legislation Cited: Administrative Decisions Review Act 1997 (NSW) – ss 9, 55, 63 Children's Guardian Act 2019 (NSW) – ss 115, 127 128 Children and Young Persons (Care and Protection) Act 1998 (NSW) - ss 24, 29, 29(1A) Child Protection (Working with Children) Act (NSW) – ss 6, 7, 15, 16, 19, 31, Part 2, Part 3 Civil and Administrative Tribunal Act 2013 (NSW) – s 64 Government Information (Information Commissioner) Act 2029 (NSW) – s 13 Government Information (Public Access) Act 2009 (NSW) – ss 3, 4, 9, 12, 13, 14, 15, 43, 58, 59, 80, 82, 89, 100, 105, 107 Schedule 1, Schedule 2, Schedule 4 Privacy and Personal Information Protection Act 1998 (NSW) – ss 4, 18, 25 Cases Cited: Ansoul v City of Sydney [2017] NSWCATAD 65 Beregi v Department of Planning, Industry and Environment [2020] NSWCATAP 185 Commissioner of Police (NSW) v Camilleri [2012] NSWADTAP 19 Davis v Secretary, Department of Education [2022] NSWCATAD 55 Danis v Commissioner for Police [2020] NSWCATAD 138 Dewhirst v Department of Family and Community Services [2015] NSWCATAD 13 Director General, Department of Family and Community Services v FEW [2013] NSWSC 1448 Director-General, Department of Education and Training v Mullett [2002] NSWADTAP 13 DYD v Commissioner of Police [2019] NSWCATAD 265 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Leech v Sydney Water Corporation [2010] NSWADT 298 Martin v Commissioner of Police [2005] NSWADT 23 McMahon v Director-General, Department of Fair Trading [2003] NSWADT 164 Medlyn v Commissioner of Police (NSW) [2020] NSWCATAD 125 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Re Attorney-General's Department and Australian Iron and Steel Pty Limited v Peter Cockcroft G260 of 1985 Administrative Law [1986] FCA 35 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6 Shi v Migration Agents Regulatory Authority (2008) 235 CLR 286 Simring v Commissioner of Police [2009] NSWSC 270 VEAL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72; (2002) 225 CLR 88 Walker v SafeWork NSW [2022] NSWCATAD 94 Texts Cited: Case Study 41, Royal Commission into Institutional Responses to Child Sexual Abuse Information Commissioner, Guideline 4 – Personal Information as a public interest consideration under the GIPA Act. Category: Principal judgment Parties: FLF (Applicant) Children's Guardian (Respondent) Representation: Applicant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2022/00054289 Publication restriction: (1) The publication or broadcast of the name of the applicant is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013. (2) The applicant is to be known by the pseudonym "FLF". (3) The disclosure of the documents contained in the agency's confidential bundle filed 26 April 2022 is prohibited pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013