Community Resource Network Inc v Secretary, Department of Communities and Justice [2023] NSWCATAD 318

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Community Resource Network Inc v Secretary, Department of Communities and Justice [2023] NSWCATAD 318 Hearing dates: 19 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 dated 14 March 2022 is set aside to the following extent: (a) the redactions to document 1 are to be removed, save for the addressee's name and email address. (b) documents 8 and 12 are to be released in full, without redactions. 2. The Respondent's decision is otherwise affirmed. 3. Publication of the confidential evidence filed by the respondent in these proceedings is prohibited. 4. Disclosure to the Applicant of the confidential evidence filed by the respondent in these proceedings is prohibited. 5. Pursuant to Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(c) and s 64(1)(d), the transcript and recording of the hearing of those parts of the hearing which took place in private and in the absence of the Applicant are not to be published or released to the Applicant or the public. 6. Pursuant to Civil and Administrative Tribunal Act 2013, s 64(1)(c) and s 64(1)(d), the contents of all paragraphs in these Reasons marked "[NOT FOR PUBLICATION]" are not to be published or released to the Applicant or the public. Catchwords: ADMINISTRATIVE LAW — Government Information (Public Access) — Grounds for refusing access — Balancing competing public interest factors for and against disclosure Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Government Information (Public Access) Act 2009,(NSW) ss 3, 5, 9, 12, 13, 14, 15, 80, 100, 105, 107, Privacy and Personal Information Protection Act 1998 (NSW), s 18 Cases Cited: Battin v University of New England [2013] NSWADT 73 Camilleri v Commissioner of Police (NSW) [2013] NSWADT 80 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Cousins v Ambulance Service (NSW) [2014] NSWCATAD 48 Director General, Department of Education and Training v Mullet and Randazzo (No 2) [2002] NSWADTAP 29 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Gene Simring v Commissioner of Police, NSW Police Force [2009] NSWSC 270 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Ibrahim v Commissioner of Police (NSW) [2004] NSWADTAP 8 Leech v Sydney Water Corporation [2010] NSWADT 198 Mannix v Department of Education and Communities [2014] NSWCATAD 35 McDonald v Ku-ring-gai Council [2022] NSWCATAD 17 Neary v State Rail Authority [1999] NSWADT 107 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Raven v The University of Sydney [2015] NSWCATAD 104 Robinson v Department of Health [2022] NSWADT 222 Selby v Commissioner of Police (NSW) [2013] NSWADT 61 Taylor v Destination NSW [2017] NSWCATAD 272 Transport NSW v Searle [2018] NSWCATAP 93 Texts Cited: Nil Category: Principal judgment Parties: Community Resource Network Inc (Applicant) Secretary, Department of Communities and Justice (Respondent) Representation: Solicitors: Applicant (Self-represented) (Chief Executive Officer) Crown Solicitor (Respondent) File Number(s): 2022/00141002 Publication restriction: Pursuant to Civil and Administrative Tribunal Act 2013, s 64(1)(c) and s 64(1)(d), the contents of all paragraphs in these Reasons marked "[NOT FOR PUBLICATION]" are not to be published or released to the Applicant or the public.