FRK v Secretary, Department of Education [2023] NSWCATAD 126

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FRK v Secretary, Department of Education [2023] NSWCATAD 126 Hearing dates: 2 May 2023 Date of orders: 30 May 2023 Decision date: 30 May 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review – Government information – balancing the public interest considerations in favour of disclosure and against disclosure – disclosure not in the best interests of a child Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Health Records and Information Privacy Act 2002 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) State Records Act 1998 (NSW) Cases Cited: Ansoul v City of Sydney [2017] NSWCATAD 65 Commissioner of Police v DYD [2020] NSWCATAP 224 Danis v Commissioner of Police, NSW Police Force [2020] NSWCATAD 138 Davis v Secretary, Department of Education [2022] NSWCATAD 55 EHW v Secretary, Department of Education [2022] NSWCATAD 140 FNJ v Commissioner of Police, NSW Police Force [2022] NSWCATAD 130 Fisher v Goulburn Mulwaree Council [2019] NSWCATAD 34 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Leech v Sydney Water Corporation [2010] NSWADT 298 Mansfield v Department of Family and Community Services (NSW) [2014] NSWCATAD 43 McKinnon v Secretary, Department of Treasury (2006) 228 CLR 423 Medlyn v Commissioner of Police [2020] NSWCATAD 125 Meldru v Wollondilly Shire Council [2017] NSWCATAD 292 Miskelly v Secretary, Department of Education [2019] NSWCATAD 48 Taylor v Destination NSW [2017] NSWCATAD 272 YG & GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: Nil Cited Category: Principal judgment Parties: FRK (Applicant) Secretary, Department of Education (Respondent) Representation: Solicitors: Self-Represented (Applicant) Ms J Pendergast (Department of Education) (Respondent) File Number(s): 2022/00363765 Publication restriction: Nil