Withyman v Department of Regional NSW [2023] NSWCATAD 336

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Withyman v Department of Regional NSW [2023] NSWCATAD 336 Hearing dates: 7 March 2023; 19 September 2023 Date of orders: 21 December 2023 Decision date: 21 December 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The Respondent's decision in GIPA 23-06 is affirmed. 2. The Respondent's redetermination decision is affirmed. 3. The Respondent's decision in GIPA 22-38 is affirmed insofar as it concerns documents 2, 3, 5, 6, 7, 8, and 20. 4. The Respondent's decision in GIPA 22-43 is affirmed insofar as it concerns documents 7, 8, and 20. 5. The Respondent's decisions in GIPA 22-38 and GIPA 22-43 are otherwise set aside. Catchwords: ADMINISTRATIVE LAW – administrative review - Government Information – conclusive presumption –legal professional privilege – balancing exercise - public interest considerations in favour of disclosure – public interests considerations against disclosure – whether overriding public interest against disclosure Legislation Cited: Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 Work Health and Safety Act 2011 Cases Cited: AFW v WorkCover Authority of NSW [2013] NSWADT 51. Anderson v University of Sydney [2018] NSWCATAD 196 Applicants v Commissioner of Police (NSW) [2015] NSWCATAD 22 Attorney – General (NSW) v Stuart (1994) 34 NSWLR 667 Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Australian Vaccination Network v Department of Finance & Services [2013] NSWADT 60 Battin v University of New England [2013] NSWADT 73 at paragraph [74]. Betfair Pty Limited v Racing New South Wales (No 7) [2009] FCA 1140; 181 FCR 66 Burnett (on behalf of Burnett) v Secretary, Department of Communities and Justice [2021] NSWCATAD 114 Camilleri v Commissioner of Police (NSW) [2012] NSWADT 5 Commonwealth v Northern Land Council (1992) 176 CLR 604 DDT v Charles Sturt University [2017] NSWCATAD 329 Director General, Department of Education & Training v Mullett [2002] NSWADTAP 13 Electoral Commissioner, State Electoral Office v McCabe (2003) NSWCATAP 28 Fisher v Goulburn Mulwaree Council [2019] NSWCATAD 34 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hopson v Commissioner of Police, NSW Police Force [2017] NSWCATAD 379 Hurst v Wagga Wagga City Council [2011] NSWADT 307 at [60]. Jenkinson v Department of Education and Communities (NSW) [2013] NSWADT 280 Lock the Gate Alliance v Department of Planning and Environment [2019] NSWCATAD 6 Manly v Ministry of Premier and Cabinet (1995) 14 WAR 550 Mansfield v Department of Family and Community Services (NSW) [2014] NSWCATAD 43 McKinnon v Secretary, Department of Treasury [2006] HCA 45 at [61] - Mizzi v Commissioner of Police (NSW) [2013] NSWADT 150 MJ v Department of Education and Commerce [2013] NSWADT 213 MJ v Department of Education and Communities [2014] NSWCATAD 12 Newcastle City Council v Newcastle East Residents Action Group Inc [2018] NSWCATAP 254 Raven v The University of Sydney [2015] NSWCATAD 104 Re B and Brisbane North Regional Health Authority [1994] QICmr 1; (1993) 1 QAR 279 Sheehy v Commissioner of Police (NSW) [2018] NSWCATAD 73 Taylor v Destination NSW [2020] NSWCATAD 137 Taylor v Office of Destination NSW [2018] NSWCATAD 195 Transport for NSW v Searle [2018] NSWCATAP 93 Walker v Roads and Maritime Services [2019] NSWCATAD 177 Williams v Department of Industry and Investment (NSW) [2012] NSWADT 192 Woolley v Lismore City Council [2013] NSWADT 10 Category: Principal judgment Parties: Brad Withyman (Applicant) Department of Regional NSW (Respondent) Representation: Solicitors: Applicant (Self-represented) Department of Regional NSW (Respondent) File Number(s): 2022/00250311 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the material filed by the respondents on a confidential basis, to those paragraphs of these reasons identified as [Not for publication], to the evidence given in private before the Tribunal and to the record of that part of the proceedings conducted in private pursuant to section 49 of the Civil and Administrative Tribunal Act 2013. That material is not to be released to either the applicant or to the public.