Eastman v Nepean Blue Mountains Local Health District [2023] NSWCATAD 339

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Eastman v Nepean Blue Mountains Local Health District [2023] NSWCATAD 339 Hearing dates: 22 May 2023, 17 August 2023 Date of orders: 22 December 2023 Decision date: 22 December 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – Government Information – access – sufficiency of search - personal information - confidential information that facilitates the effective exercise of an agency's functions - information provided to an agency in confidence – conclusive presumption against disclosure - whether overriding public interest against disclosure. Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Health Care Complaints Act 1993 Cases Cited: Alam v Insurance and Care NSW [2020] NSWCATAD 148 Alchin v Rail Corporation NSW [2012] NSWADT 142 Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244; 61 MVR 443 Attorney-General v Wentworth (1988) 14 NSWLR 481 BDK v Department of Education and Communities [2015] NSWCATAP 129 Camilleri v Commissioner of Police, NSW Police Force [2012] NSWADT 5; Davis v NSW Minister for Health [2023] NSWCATAP 211 Dey v Victorian Railways Commissioners [1949] HCA 1; (1949) 78 CLR 62 at 91 Eagle Arts and Vocational College v State of New South Wales (2018] NSWCATAD 147 Eastman v Nepean Blue Mountains Local Health District [2022] NSWCATAD 263 Gamester Pty Ltd v Lockhart (1993) 112 ALR 623 Kitoko v Sydney Local Health District [2017] NSWCATAD 209 Klaric v Commissioner of Police [2020] NSWCATAD 47 Langley v Niland [1981] 2 NSWLR 104 at 107. McClymont v Department of Family and Community Services [2017] NSWCATAD 202.) Mizzi v Commissioner of Police (NSW) [2013] NSWADT 150 at [30]; MJ v Department of Education and Commerce [2013] NSWADT 213 Shepherd and Department of Housing, Local Government and Planning (1994) 1 QAR 464 State Electricity Commission of Victoria v Rabel [1998] 1 VR 102 University of New South Wales v McGuirk (No 1) (GD) [2005] NSWADTAP 65 Walker v Roads and Maritime Services [2019] NSWCATAD 177 Webb v Port Stephens Council [2018] NSWCATAP 224 Williams v Department of Industry and Investment (NSW) [2012] NSWADT 192 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 Category: Principal judgment Parties: Virginia Eastman (Applicant) Nepean Blue Mountains Local Health District (Respondent) Representation: Applicant (Self-represented) Right to Information Coordinator, Nepean Blue Mountains Local Health District (Respondent) File Number(s): 2021/00265859 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 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.