Atkinson v Department of Premier and Cabinet [2023] NSWCATAD 205

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Atkinson v Department of Premier and Cabinet [2023] NSWCATAD 205 Hearing dates: 22 and 29 November 2022 Date of orders: 29 November 2022 Decision date: 02 August 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: (1) The application by the Information Commissioner to be provided with an unredacted copy of the respondents' submissions and affidavit of Kathryn Boyd filed 28 September 2022 is refused. (2) Any part of the hearing in which evidence and argument will be presented which would disclose the confidential material contained in the respondents' submissions and affidavit of Kathryn Boyd filed 28 September 2022 is to be held in the absence of the Information Commissioner, the applicant, the applicant's representatives and members of the public. Catchwords: INTERLOCUTORY ORDER – administrative review - Government Information – application by Information Commissioner to be provided with respondent's confidential material and to appear at confidential hearing – role of Information Commissioner – Cabinet information Legislation Cited: Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Cases Cited: Camilleri v Commissioner of Police (NSW) [2012] NSWADT 5 Choi v Commissioner of Police, NSW Police Force [2020] NSWCATAP 211 Denyer v Commissioner of Police, NSW Police Force [2018] NSWCATAD 160 Miriani v Commissioner of Police (NSW) [2005] NSWADT 187 Mizzi v Commissioner of Police (NSW) [2013] NSWADT 150 Redfern Legal Centre v Commissioner of Police [2021] NSWCATAD 288 Saggers v Environment Protection Authority [2013] NSWADT 109 Shvetsova v University of New England [2015] NSWCATAD 49 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 Texts Cited: None cited Category: Procedural rulings Parties: John Atkinson (Applicant) Department of Premier and Cabinet & (First Respondent) Premier of New South Wales (Second Respondent)