FKX v Southern NSW Local Health District [2024] NSWCATAD 68

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FKX v Southern NSW Local Health District [2024] NSWCATAD 68 Hearing dates: 23 February 2023 Date of orders: 12 March 2024 Decision date: 12 March 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: P French, Senior Member Decision: 1. The Agency's decision that the information described in item 2(d) of the access application is not held is set aside. 2. In substitution for that decision, access to the information described in item 2(d) of the access application is refused. 3. The reviewable decision is otherwise affirmed. Catchwords: ADMINISTRATIVE REVIEW – Government Information (Public Access) Act 2009 (NSW) -whether overriding public interest against disclosure – prejudice the effective exercise by an agency of the agency's functions – endanger or prejudice any system or procedure for protecting the life, health or safety of a person – expose a person to a risk of harm or serious harassment or serious intimidation. Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 9, 55, 63 Civil and Administrative Tribunal Act 2012 (NSW) ss 49, 64 Government Information (Public Access) 2009 (NSW), ss 3, 4, 5, 9, 12, 13, 14, 15, 55, 80, 53, 58, 80, 100, 105, 107, Schedule 4 Government Sector Employment Act 2013 (NSW), ss 3, 23, Schedule 1 Health Services Act 1997 (NSW), ss 6, 9, 10, 17, Schedule 1 Health Records and Information Privacy Act 2002 (NSW), s 29 Mental Health Act 2007 (NSW), ss 12, 13, 14, 34, 35, 42, 44, 57, 58, 156 Cases Cited: Camilleri v Commissioner of Police (NSW) [2012] NSWADT 5 DLH v Nationwide News Pty Ltd [2018] NSWCATAD 92 Shi v Migration Agents Regulatory Authority (2008) 235 CLR 286 Texts Cited: NCAT Procedural Direction 3: Expert Evidence Category: Principal judgment Parties: FKX (Applicant) Southern NSW Local Health District (Respondent) Representation: FKX (Self-represented) Crown Solicitor (Respondent) File Number(s): 2022/00123335 Publication restriction: The following non-publication orders are made pursuant to s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW). (a) pursuant to s 64(1)(a), the disclosure of the name of the Applicant is prohibited. Note: The name of a person includes a reference to any information, picture or other material that identifies them or is likely to lead to identification of them. (b) pursuant to s 64(1)(b), the publication and broadcast of the transcript and sound recording of the confidential session of the hearing conducted on 23 February 2023 is prohibited. (c) pursuant to s 64(1)(c) publication of the documents contained in the Agency's confidential bundle filed on 7 November 2022 and the Agency's confidential submissions filed on 7 November is prohibited. (d) pursuant to s 64(1)(d) disclosure to the Applicant of: • documents contained in the Agency's confidential bundle filed on 7 November 2022, • the Agency's confidential submissions filed on 7 November 2022, • the transcript and sound recording of the confidential session of the hearing conducted on 23 February 2023 is prohibited.