Webb v iCare NSW [2023] NSWCATAD 316

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Webb v iCare NSW [2023] NSWCATAD 316 Hearing dates: 26 September 2022 Date of orders: 12 December 2023 Decision date: 12 December 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J Gatland, Senior Member Decision: 1. The respondent's decision is set aside. 2. The application is remitted to the respondent for reconsideration in a manner consistent with these reasons. Catchwords: ADMINISTRATIVE LAW — Government Information (Public Access) — Grounds for refusing access — whether information requested is government information held by an agency. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009, ss 3, 4, 53, 58(1)(b), Sch 4, cl 12 Cases Cited: Brazel v Sydney Water (No 2) [2020] NSWCATAD 370 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362; [2017] HCA 34 Vice-Chancellor, Macquarie University v FM (GD) [2003] NSWATDAP 43 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 ZR v Department of Education and Training [2009] NSWADTAP 69 Texts Cited: None Cited Category: Principal judgment Parties: Telina Webb (Applicant) Insurance and Care NSW (Respondent)

Also heard: Information Commissioner (pursuant to Government Information (Public Access) Act 2009, s 104(1), Civil and Administrative Tribunal Act 2013 (NSW), Sch 3, cl 9(4)(a)) Representation: Solicitors: Applicant (Self-represented) Crown Solicitor (Respondent) Information Commissioner (Self-represented) File Number(s): 2022/00174465 Publication restriction: None