Rourke v Health Professional Councils Authority [2024] NSWCATAD 100

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Rourke v Health Professional Councils Authority [2024] NSWCATAD 100 Hearing dates: 27 March 2024 Date of orders: 15 April 2024 Decision date: 15 April 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr R Dubler SC, Senior Member Decision: The decision of the Respondent under review is affirmed. Catchwords: ADMINISTRATIVE LAW - government information – whether documents are excluded information of the Health Care Complaints Commission that is conclusively presumed to be subject to an overriding public interest against disclosure within the meaning of the Government Information (Public Access) Act 2009 (NSW) – whether the application for access to documents should be refused on the basis that there is an overriding public interest against their disclosure as compromising the complaint handling process of the Respondent within the meaning of the Government Information (Public Access) Act 2009 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Bailey v Commissioner of Police, NSW Police Force [2023] NSWCATAP 103 Broadribb v Medical Council of New South Wales [2018] NSWCATAD 2013 Commissioner of Police, NSW Police Force v Camilleri [2012] NSWADTAP 19 Fire Brigade Employees' Union v Fire and Rescue NSW [2014] NSWCATAD 113 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Leech v Sydney Water Corporation [2010] NSWADT 298 Re Waterford and Department of Treasury (No 2) [1984] AATA 67 Ryan v NSW Minister for Planning and Open Spaces [2021] NSWCATAP 221 Sinclair v Psychology Council of NSW [2017] NSWCATAD 8 Snape v Commissioner of Police (No 2) [2022] NSWCATAP 244 Yee v Medical Council of NSW [2017] NSWCATAD 370 YG and GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: Jeremy James Rourke (Applicant) Health Professional Councils Authority (Respondent) Representation: Applicant (self-represented) Crown Solicitor (Respondent) File Number(s): 2023/00338559 Publication restriction: Pursuant to s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW) the disclosure, publication or broadcast to the Applicant or the public of the evidence and submissions lodged with, or given to, the Tribunal in confidence by the Respondent is prohibited.