GHW v Secretary, Department of Communities and Justice [2024] NSWCATAD 126

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GHW v Secretary, Department of Communities and Justice [2024] NSWCATAD 126 Hearing dates: 6 May 2024 Date of orders: 15 May 2024 Decision date: 15 May 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: K Robinson, Senior Member Decision: (1) The decision under review is affirmed. (2) Publication or broadcast of the name of the applicant or of their children is prohibited. (3) Other than to the Respondent, publication or broadcast of: (a) The contents of exhibits CR4, CR5 and CR6 received in evidence by the Tribunal on 6 May 2024 is prohibited; (b) Any part of the evidence given before the Tribunal and submissions made to the Tribunal at the confidential hearing on 6 May 2024, including all recordings, whether written, electronic or aural of that hearing is prohibited; and (c) Any part of any paragraph of these reasons which commence with [NOT FOR PUBLICATION] other than the words in those brackets is prohibited. Catchwords: ADMINISTRATIVE REVIEW — access to government information — confidential information — child protection information — conclusive overriding presumption against disclosure Legislation Cited: Administrative Decisions Review Act 1997 Children and Young Persons (Care and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Danis v Commissioner of Police [2022] NSWCATAP 68 Danis v Commissioner of Police, NSW Police Force [2021] NSWCATAD 311 Dewhirst v Department of Family and Community Services [2015] NSWCATAD 13 FHG v Cumberland City Council; Cumberland City Council v FHG [2023] NSWCATAP 91 Yee v Medical Council of NSW [2017] NSWCATAD 370 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None Category: Principal judgment Parties: GHW (Applicant) Secretary, Department of Communities and Justice (Respondent) Representation: Self-represented (Applicant) Department of Communities and Justice (Respondent) File Number(s): 2023/00459404 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013: (1) Publication or broadcast of the name of the applicant or of their children is prohibited; (2) other than to the Respondent, publication or broadcast of: (a) The contents of exhibits CR4, CR5 and CR6 received in evidence by the Tribunal on 6 May 2024 is prohibited. (b) Any part of the evidence given before the Tribunal and submissions made to the Tribunal at the confidential hearing on 6 May 2024, including all recordings, whether written, electronic or aural of that hearing is prohibited. (c) Any part of any paragraph of these reasons which commence with [NOT FOR PUBLICATION] other than the words in those brackets is prohibited.