Sicard v The Hills Shire Council [2024] NSWCATAD 162

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sicard v The Hills Shire Council [2024] NSWCATAD 162 Hearing dates: 14 December 2023 Date of orders: 14 June 2024 Decision date: 14 June 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) The decision under review is set aside. (2) The withheld information is to be released to the Applicant no later than 28 days from the date of this decision. Catchwords: Administrative Law – GIPA Act – Government Information – Access - Balancing competing public interest factors for and against disclosure Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Cases Cited: Adams v Commissioner for Police [2022] NSWCATAD 178 AIN v Medical Council (NSW) [2013] NSWADT 112 AMH v Western New South Wales Local Health District [2013] NSWADT 282 Assn for Berowra Creek Inc v Department of Lands [2009] NSWADT 157 Attorney-General's Department v Cockcroft (1986) 10 FCR180, 64 ALR Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252 Battin v University of New England [2013] NSWADT 73 Camilleri v Commissioner of Police, NSW Police Force [2012] NSWADT 5 Cianfrano v Director General, NSW Treasury [2005] NSWADT 7 Cousins v Ambulance Service (NSW) [2014] NSWCATAD 48 DDL v Mid-Western Regional Council [2018] NSWCATAD 2 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409. Elf Farm Supplies Pty Ltd v Department of Planning and Environment [2018] NSWCATAD 277. Fire Brigade Employees' Union v Fire & Rescue (NSW) [2014] NSWCATAD 113. Hurst v Wagga Wagga City Council [2011] NSWADT 307 In Media Research Group Pty Ltd v Department of Premier and Cabinet [2011] NSWADTAP 7 Jenkinson v Department of Education and Communities [2013] NSWADT 280 McKinnon v Blacktown City Council [2012] NSWADT 44 Murphy v Broken Hill City Council [2015] NSWCATAD 135 Nature Conservation Council v Department of Trade and Investment, Regional Infrastructure and Services (NSW) [2012] NSWADT 195 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Re Waterford and Department of the Treasury (No 2) [1984] AATA 67; (1984) 5 ALD 588 Retain Beacon Hill High School Committee Inc v NSW Treasury [2007] NSWADT 55 South Dural Residents and Ratepayers Group Inc. v Roads and Maritime Services [2019] NSWCATAD 83 Taylor v Destination NSW [2020] NSWCATAD 137 Woodhouse v City of Sydney Council [2012] NSWADT 95 Zonnevylle v NSW Department of Finance and Services [2015] NSWCATAD 175 Category: Principal judgment Parties: Kerry Sicard (Applicant) The Hills Shire Council (Respondent) Representation: Solicitors: Stringybark Legal (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) Office of the Information Commissioner (Intervenor) File Number(s): 2023/00291559 Publication restriction: Nil