Daniels v NSW State Emergency Service [2024] NSWCATAD 118

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Daniels v NSW State Emergency Service [2024] NSWCATAD 118 Hearing dates: 28 June 2023 Date of orders: 7 May 2024 Decision date: 07 May 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: P French, Senior Member Decision: (1) Insofar as the application applies for review of the Agency's access decisions in relation to the information identified in the 'Schedule of Emails' it is dismissed on the basis that the Tribunal does not have jurisdiction to deal with it. (2) The Agency's decision that it does not hold information that is responsive to item 2(b) of the remitted access application is affirmed. (3) The Agency's decisions to refuse access to the information identified at item 1(a) to (i) of the Schedule to the Notice of Decision is affirmed. Catchwords: ADMINISTRATIVE REVIEW – Government Information (Public Access) Act 2009 (NSW) – access request – scope of remitted request – whether information is held by the agency – whether reasonable searches were conducted for information responsive to the access request – whether there are overriding public interest considerations that justify refusal of access to certain information – prejudice the supply to the agency of confidential information that facilitates the effective exercise of the agency's functions – reveal a deliberation or consultation conducted, or an opinion, advice or recommendation given, in such a way as to prejudice a deliberative process of government or an agency – prejudice the conduct, effectiveness or integrity of an audit, test, investigation or review conducted by or on behalf of an agency by revealing its purpose, conduct or results – reveal an individual's personal information – contravene and information protection principle under the Privacy and Personal Information Act 1998 or a Health Privacy Principle under the Health Records and Information Privacy Act 2002 Legislation Cited: Administrative Decisions Review Act 1997 (NSW), 9, 55, 63, 65 Government Information (Public Access) Act 2009 (NSW), s 3, 4, 5, 9, 12, 13, 14, 15, 55, 57, 53, 58, 60, 80, 100, 105, Schedule 4 clause 4 Privacy and Personal Information Protection Act 1998 (NSW), s 18 State Emergency Services Act 1989 (NSW), s 7, 8 Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180 CLT v Secretary, Department of Education [2022] NSWCATAD 34 Collins v Department of Finance, Services, and Innovation [2018] NSWCATAD 60 Commissioner of Police (NSW) v Camilleri [2012] NSWADTAP 19 Davis v Secretary, Department of Education [2022] NSWCATAD 55 Director General, Department of Education and Training v Mullett [2002] NSWADTAP 13 Fire Brigade Employees' Union v Fire and Rescue NSW [2014] NSWCATAD 113 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Johnson v Secretary, Department of Communities and Justice [2020] NSWCATAD 23 Klaric v Commissioner for Police [2020] NSWCATAP 153 Leech v Sydney Water Corporation [2010] NSWADT 298 Luxford v Department of Education and Communities [2016] NSWCATAD 118 McKinnin v Blacktown City Council [2012] NSWADT 44 Miskelly v Transport for NSW [2017] NSWCATAD 207 MJ v Department of Education and Commerce [2013] NSWADT 213 McInnes v NSW Department of Education and Communities [2013] NSWADT 219 Shi v Migration Agents Regulatory Authority (2008) 235 CLR 286 Singh v Legal Aid Commission (No.2) [2015] NSWCATAD 5 Thomson v Commissioner of Police [2021] NSWCATAD 53 Transport for NSW v Searle [2018] NSWCATAP 93 YG and GG v Minister for Community Services [2002] NSWCA 247 Ugur v Commissioner of Police (NSW) [2022] NSWCATAD 396 Van der Wall v University of Sydney [2018] NSWADT 213 Waterford and Department of Treasury (No. 2) (1984) 1 AAR 1 Williams v Department of Industry and Investment (NSW) [2012] NSWADT 192 Wojciechowski v Commissioner of Police [2020] NSWCATAP 173 Texts Cited: NSW Public Service Commission: The Ethical Framework Category: Principal judgment Parties: James Robert Daniels (Applicant) NSW State Emergency Service (Respondent) Representation: Applicant (Self-represented) Crown Solicitor (Respondent) File Number(s): 2022/00210871 Publication restriction: Pursuant to s 64(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) the publication and broadcast of the sound recording and transcript of the confidential hearing is restricted. Only the Tribunal and the Respondent may have access to this material.