Pemberton v Insurance and Care NSW [2024] NSWCATAD 191

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pemberton v Insurance and Care NSW [2024] NSWCATAD 191 Hearing dates: On the papers Date of orders: 12 July 2024 Decision date: 12 July 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: K Robinson, Senior Member Decision: (1) The decision under review is affirmed. (2) Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the material filed by the Respondent on a confidential basis. That material is not to be released to either the Applicant or the public. (3) An oral hearing is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013. Catchwords: ADMINISTRATIVE REVIEW – access to government information – freedom of information - conclusive overriding presumption against disclosure – legal professional privilege – client legal privilege - workplace investigation Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Evidence Act 1995 Cases Cited: AIN v Medical Council of New South Wales [2015] NSWCATAP 241 Jackson v University of New South Wales [2019] NSWCATAD 224 Moore v Southern NSW Local Health District [2024] NSWCATAD 72 Pratt Holdings Pty Ltd v Commissioner of Taxation (2004) 136 FCR 357 Priest v State of New South Wales [2006] NSWSC 1281 Trade Practices Commission v Sterling (1979) 36 FLR 244 Whitaker v Illawarra Shoalhaven Local Health District [2018] NSWCATAD 183 Yee v Medical Council of NSW [2017] NSWCATAD 370 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None Cited Category: Principal judgment Parties: James Anthony Pemberton (Applicant) Insurance and Care NSW (Respondent) Representation: Applicant (Self-Represented) Crown Solicitor (Respondent) File Number(s): 2024/00067355 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the material filed by the Respondent on a confidential basis. That material is not to be released to either the Applicant or the public.