Covid Safe Schools Inc v Secretary, Department of Education [2024] NSWCATAD 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Covid Safe Schools Inc v Secretary, Department of Education [2024] NSWCATAD 29 Hearing dates: On the papers Date of orders: 31 January 2024 Decision date: 31 January 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: P French, Senior Member Decision: 1. The agency's decisions with respect to items 1 and 4(d) of the applicant's further amended access application are set aside. 2. Items 1 and (4d) of the applicant's further amended access application are remitted to the agency for reconsideration in accordance with these reasons. 3. The agency must give the applicant and the Tribunal its' new decision by 1 March 2024. 4. The applicant must notify the agency and the Tribunal if it intends to proceed with this administrative review by 8 March 2024 or if the application is withdrawn. 5. If the applicant wishes to proceed with this administrative review it must also apply to the Registrar to have the application listed for directions. Catchwords: ADMINISTRATIVE REVIEW – Government Information (Public Access) Act 2009 (NSW) – whether information publicly available to applicant - whether information is held by the agency Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 55, 58, 63 Civil and Administrative Tribunal Act 2013 (NSW), s 50 Government Information (Public Access) 2009 (NSW), ss 3, 5, 9, 53, 57, 58, 59, 63, 74, 80, 100, 105 Cases Cited: Klaric v Commissioner for Police [2020] NSWCATAP 153 Shi v Migration Agents Regulatory Authority (2008) 235 CLR 286 Wojciechowski v Commissioner of Police [2020] NSWCATAP 173 Texts Cited: Nil Category: Principal judgment Parties: Covid Safe Schools Inc (Applicant) Secretary, Department of Education (Respondent) Representation: Solicitors: The People's Solicitors (Applicant) Crown Solicitor (Respondent) File Number(s): 2023/00043489 Publication restriction: Nil