Larsen v The Cabinet Office [2023] NSWCATAD 322

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Larsen v The Cabinet Office [2023] NSWCATAD 322 Hearing dates: 13 November 2023 Date of orders: 14 December 2023 Decision date: 14 December 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J D Little, Senior Member Decision: 1. The Respondent's decision of 3 July 2023 is set aside. 2. Within 7 days the Respondent is to provide the Applicant with a copy of the information sought, re-redacted consistent with this decision. 3. Pursuant to s 44 of the Civil and Administrative Tribunal Act 2013 (CAT Act), the Department and Cabinet is removed as a party and The Cabinet Office is named as the Respondent to the proceedings. 4. With the exception of document at tab 1, pursuant to s 64(d) of the CAT Act, the disclosure to the Applicants of the Respondent's bundle of confidential evidentiary material (third party consultation) filed 12 September 2023 is prohibited. 5. Except pursuant to order (6) below, the contents of all paragraphs in these reasons marked "[NOT FOR PUBLICATION]" are not to be published or released pursuant to s64(1)(c) of the CAT Act. 6. A copy of these reasons, without redaction, shall be released to the Respondent. Catchwords: ADMINISTRATIVE LAW – access to government information – access applications Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 Cases Cited: Applicants v Commissioner of Police [2015] NSWCATAD 22 Battin v University of New England [2013] NSWADT 73 Camilleri v Commissioner of Police (NSW) [2013] NSWADT 80 Farrow Mortgage Services Pty Ltd (in liq) v Webb (1996) 39 NSWLR 601 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 at [47] Leech v Sydney Water Corporation [2010] NSWADT 298 Nakhl Nasr v State of New South Wales; George Nasr v State Of New South Wales [2007] NSWCA 101 Richards v Commissioner, Department of Corrective Services [2011] NSWADT 98 Selby v Commissioner of Police (NSW) [2013] NSWADT 61 Taylor v Destination NSW [2017] NSWCATAD 272 Transport for NSW v Searle [2018] NSWCATAP 93 Veall v Department of Planning and Environment [2018] NSWCATAD 47 Texts Cited: None cited Category: Principal judgment Parties: Derek Larsen (First Applicant) Floyd Larsen (Second Applicant) Department of Premier and Cabinet (Respondent) Representation: First Applicant (Self-Represented) Second Applicant (Self-Represented) Crown Solicitor (Respondent) File Number(s): 2023/00220583 Publication restriction: 1. Except pursuant to (2) below, the contents of all paragraphs in these reasons marked "[NOT FOR PUBLICATION]" are not to be published or released pursuant to s64(1)(c) of the CAT Act. 2. A copy of these reasons, without redaction, shall be released to the Respondent.