Moore v Southern NSW Local Health District [2024] NSWCATAD 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Moore v Southern NSW Local Health District [2024] NSWCATAD 72 Hearing dates: 19 February 2024 Date of orders: 14 March 2024 Decision date: 14 March 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: D Ziegler, Senior Member Decision: 1. The decision of the respondent to refuse access to information contained in documents 15, 16, 17,18, 20 and 23 is set aside. In substitution for that decision, a decision is made that the applicant be granted access to all of the information in documents 15,16, 17,18, 20 and 23. 2. The decision of the respondent to refuse access to document 9 is set aside. In substitution for that decision a decision is made that the applicant be granted access to all of document 9 with the exception of the second and third lines of the email and the fourth line of the email before the words "As such". 3. The decision of the respondent to refuse access to document 14 is set aside. In substitution for that decision a decision is made that the applicant be granted access to all of document 14. 4. The decision is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review - government information – conclusive presumption against disclosure – client legal privilege – confidential information – personal information – effective exercise of agency's functions – deliberative process – whether overriding public interest against disclosure. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Evidence Act 1995 (NSW) Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Adams v Commissioner of Police [2022] NSWCATAD 178 Archer Capital 4A Pty Ltd (atf Archer Capital Trust 4A) v Sage Group pic (No 2) [2013] FCA 1098 Battin v University of New England [2013] NSWADT 73 CCB v Department of Education and Communities [2015] NSWCATAD 145 Commissioner of Police, New South Wales Police Force v Camilleri (GD) [2012] NSWADTAP 19 Danis v Commissioner of Police, NSW Police Force [2020] NSWCATAD 138 Director General, Department of Education & Training v Mullett & anor (GD) [2002] NSWADTAP 13 Hurst v Wagga Wagga City Council [2011] NSWCATAD 307 Jackson v University of New South Wales [2019] NSWCATAD 224 Leech v Sydney Water Corporation [2010] NSWADT 298 McKinnon v Blacktown City Council [2012] NSWADT 44 Miskelly v Transport for NSW [2017] NSWCATAD 207 MJ v Department of Education & Commerce [2013] NSWADT 213 Neary v State Rail Authority [1999] NSWADT 107 Pratt Holdings Pty Ltd v Commissioner of Taxation (2004) 136 FCR 357 Robinson v Department of Health [2002] NSWADT 222 Ryan v NSW Minister for Planning and Open Spaces [2021] NSWCATAP 221 Searle Australia Pty Ltd v PIAC [1992] FCA 241 Seremetis v Commissioner of Police; Seremetis v Department of Communities and Justice [2020] NSWCATAD 317 South Dural Residents and Ratepayers Group Inc. v Roads and Maritime Services [2019] NSWCATAD 83 Transport for NSW v Searle [2018] NSWCATAP 93 Waterford v Commonwealth [1987] HCA 25; (1987) 163 CLR 54 Texts Cited: None cited Category: Principal judgment Parties: Neil Moore (Applicant) Southern NSW Local Health District (Respondent) Representation: Applicant (Self-represented) Crown Solicitor (Respondent) File Number(s): 2023/00039775 Publication restriction: Nil