NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Charles v SafeWork NSW [2023] NSWCATAD 259 Hearing dates: 29 August 2023; 19 September 2023 Date of orders: 11 October 2023 Decision date: 11 October 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: D Ziegler, Senior Member Decision: The decision of the respondent to withhold part of line four and all of lines five to ten of the email dated 14 August 2013 is set aside and in substitution thereof a decision is made that the applicant be granted access to all of that information with the exception of: (a) The first word of line five; and (b) The words in line six after the words "Lee was" and before the words "I asked". Catchwords: ADMINISTRATIVE LAW – administrative review - government information – confidential information – personal information – secrecy provision – effective exercise of agency's functions - whether overriding public interest against disclosure Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Protection Act 2022 (NSW) Work Health and Safety Act 2011 (NSW) Cases Cited: Battin v University of New England [2013] NSWADT 73 Commissioner of Police, New South Wales Police Force v Camilleri (GD) [2012] NSWADTAP 19 Fraser v SafeWork NSW [2020] NSWCATAP 92 Fraser v SafeWork NSW (No 2) [2021] NSWCATAD 79 Leech v Sydney Water Corporation [2010] NSWADT 298 Neary v State Rail Authority [1999] NSWADT 107 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Searle Australia Pty Ltd v PIAC [1992] FCA 241 Veall v Department of Planning and Environment [2018] NSWCATAD 47 Walker v SafeWork NSW [2022] NSWCATAD 94 Category: Principal judgment Parties: Lee Charles (Applicant) SafeWork NSW (Respondent) Representation: Solicitors: Self-represented (Applicant) Corporate Services, Department of Customer Service (Respondent) File Number(s): 2023/00134149 Publication restriction: Nil
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