Vogel v Secretary, Department of Education [2024] NSWCATAD 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vogel v Secretary, Department of Education [2024] NSWCATAD 142 Hearing dates: 1 May 2024 Date of orders: 23 May 2024 Decision date: 23 May 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: E A MacIntyre, Senior Member Decision: (1) The decision of the First Respondent dated 1 November 2023 is varied to provide access to the document entitled "Australian Health Protection Principal Committee (AHPP) advice in relation to the tasking from the National Cabinet to the First Secretaries Group on schools reopening in terms 1 2022". (2) The decision under review is otherwise affirmed. (3) Pursuant to ss 64(1)(c) and 64(1)(d) of the Civil and Administrative Tribunal Act 2013 the contents of all paragraphs in these reasons marked NOT TO BE PUBLISHED are not to be published or disclosed to the Applicant or the public. Catchwords: ADMINISTRATIVE LAW – administrative review - Government Information – conclusive presumption of an overriding public interest consideration against disclosure - Cabinet information – document – PowerPoint slide pack – dominant purpose of document - document that reveals or tends to reveal the position a Minister has taken, is taking, will take, is considering taking or has been recommended to take on a matter in Cabinet – reasonable grounds Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Government Information (Public Access) Act 2009 (NSW) Government Sector Employment Act 2013 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Australian Education Union, NSW Teachers Federation Branch v New South Wales Department of Education [2022] NSWCATAD 97 Bennison v NSW Department of Premier and Cabinet [2016] NSWCATAD 101 Commonwealth v Northern Land Council [1993] HCA 24; (1993) 176 CLR 604 D'Adam v New South Wales Treasury [2014] NSWCATAD 68 Lock the Gate Alliance v Department of Planning and Environment & Department of Premier and Cabinet [2019] NSWCATAD 6 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Primrose v NSW Department of Premier and Cabinet [2017] NSWCATAD 366 Searle v Transport for NSW [2017] NSWCATAD 256 Secretary to the Department of Treasury and Finance v Dalla Vella [2007] VSCA 11 Transport for NSW & Ors v Robinson [2018] NSWCATAP 123 Category: Principal judgment Parties: Peter Vogel (Applicant) Secretary, Department of Education (First Respondent) Premier of New South Wales (Second Respondent) Representation: Counsel: N Li (First and Second Respondents)