Fire Brigade Employees Union v Fire and Rescue New South Wales [2024] NSWCATAD 30

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fire Brigade Employees Union v Fire and Rescue New South Wales [2024] NSWCATAD 30 Hearing dates: 1 May 2023 Date of orders: 02 February 2024 Decision date: 02 February 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J Gatland, Senior Member Decision: 1. The respondent's decision is set aside. 2. In substitution of the decision set aside: (a) the five documents identified by the respondent in its decision dated 14 November 2022 are to be released to the applicant within 28 days of these orders; and (b) the matter is otherwise remitted to the respondent for reconsideration as to whether the documents referred to in document three of the schedule to its decision dated 14 November 2022 are within scope of the applicant's request and whether those documents should be released in conformity with these reasons. 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of the hearing of those parts of the hearing which took place in private and in the absence of the Applicant are not to be published or released to the Applicant or the public. 6.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Administrative Tribunal Act 2013, s 64(1)(c) and s 64(1)(d), the contents of all paragraphs in these Reasons marked "[NOT FOR PUBLICATION]" are not to be published or released to the Applicant or the public.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) Act 2009 — Grounds for refusing access — Balancing competing public interest factors for and against disclosure EVIDENCE — Privileges — Parliamentary privilege — Admissibility of transcript of a parliamentary committee – admissible only as proof of what was said CIVIL PROCEDURE — Implied undertakings — Documents to which applies — Documents produced under compulsion – whether documents lodged pursuant to Administrative Decisions Review Act 1997 (NSW), s 58 are documents produced under compulsion Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Bill of Rights 1688 (Imp), Article 9 Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 Imperial Acts Application Act 1969 (NSW), s 6 Parliamentary Privileges Act 1987 (Cth), s 16(3)(c) Uniform Civil Procedure Rules 2005 (NSW), r 14.30 Cases Cited: Amann Aviation Pty Ltd v Commonwealth of Australia [1988] FCA 24; (1988) 19 FCR 223; 81 ALR 710 Australian Broadcasting Commissioner v Comalco Ltd (1980) FCR 51; 68 ALR 259 Australian Broadcasting Corporation v Chau Chak Wing [2019] FCAFC 125; (2019) 271 FCR 632 Battin v University of New England [2013] NSWADT 73 Camilleri v Commissioner of Police (NSW) [2013] NSWADT 80 Carrigan v Honourable Senator Michaelia Cash [2017] FCAFC 86 Church of Scientology of California v Johnson-Smith [1972] 1 QB 522 Commissioner for Fair Trading v Bowes Street Developments Pty Ltd (No 2) [2023] ACTSC 168 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Egan v Willis [1998] HCA 71; (1998) 195 CLR 424 Eppinga v Kalil [2023] NSWCA 287 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd [2013] HCA 46; (2013) 250 CLR 303 Fairfax Media Publications Pty Ltd v Bateman [2015] NSWCA 154; [2015] 90 NSWLR 79 Fairfax Media Publications Pty Ltd v Kermode [2011] NSWCA 174; [2011] 81 NSWLR 157 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Guimaraes v Commissioner of Police, NSW Police Force [2022] NSWCATAD 372 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Hearne v Street (2008) 235 CLR 125 Helicopter Aerial Surveys Pty Ltd v Gary Robertson [2015] NSWSC 2104 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 298 Leyonhjelm v Hanson-Young [2021] FCAFC 22; (2021) 282 FCR 341 Mann v Harness Racing NSW [2021] NSWCATAD 330 Meacham v Commissioner of Police [2020] NSWCATAP 107 Mundey v Askin [1982] 2 NSWLR 369 Neary v State Rail Authority [1999] NSWADT 107 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Prebble v Television New Zealand Ltd [1995] 1 AC 321; [1994] 3 All ER 407 R v Jackson (1987) 8 NSWLR 116 R v Murphy (1986) 5 NSWLR 18 Rann v Olsen [2000] SASC 83;(2000) 76 SASR 450 Rice Marketing Board for the State of New South Wales v Forbidden Foods Pty Limited; Forbidden Foods Pty Limited v Rice Marketing Board for the State of New South Wales [2020] NSWCATAP 182 Selby v Commissioner of Police (NSW) [2013] NSWADT 61 Singleton v Ffrench [1986] 5 NSWLR 425 Springfield Nominees Pty Ltd v Bridgelands Securities Limited (1992) 38 FCR 217 Stewart v Ronalds (2009) 76 NSWLR 99 Taylor v Destination NSW [2017] NSWCATAD 272 Tebbutt v Minister for Lands and Water [2015] NSWCATAD 95 Transport for NSW v Searle [2018] NSWCATAP 93 YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: Fire Brigade Employees Union (Applicant) Fire and Rescue New South Wales (Respondent) Representation: Counsel: The Hon A Searle MLC (Applicant) T Lui (Respondent) File Number(s): 2023/00019501 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.