Streater v Tamworth Regional Council [2024] NSWCATAD 195

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Streater v Tamworth Regional Council [2024] NSWCATAD 195 Hearing dates: 20 June 2024 Date of orders: 18 July 2024 Decision date: 18 July 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: EA MacIntyre, Senior Member Decision: (1) The decision of the Respondent is set aside. (2) Documents 9, 37, 39, 47, 48, 49, 88 and 113 to be disclosed to the Applicant within 28 days of the date of this decision, subject to the redactions set out below. (3) The decision of the Respondent is otherwise affirmed. (4) 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and 64(1)(d) of the Civil and Administrative Tribunal Act 2013, the contents of all paragraphs in these reasons marked NOT FOR PUBLICATION are not to be published or disclosed to the Applicant or the public. Catchwords: ADMINISTRATIVE LAW - administrative review - government information - access application - enforceable right to access government information - presumption in favour of the disclosure of government information - overriding public interest against disclosure - public interest considerations against disclosure - public interest considerations in favour of disclosure - balance - term 'could reasonably be expected' - risk of harm - risk of intimidation - risk of harassment - commercial in confidence information - local authority ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Local Government Act 1993 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: AEZ v Commissioner of Police NSW Police Force [2013] NSWADT 90 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 DRP v Orange City Council [2020] NSWCATAD 220 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Leech v Sydney Water Corporation [2010] NSWADT 298 Office of Finance and Services v APV and APW [2014] NSWCATAP 88 Tallawoladah Pty Ltd v Department of Planning, Industry and Environment [2021] NSWCATAD 248 Turnbull v Strange [2018] NSWCA 157 Texts Cited: Nil Category: Principal judgment Parties: Matthew Streater (Applicant) Tamworth Regional Council (Respondent) Tamworth Area Radio Model Aircraft Club ((TARMAC (appeared pursuant to s 104(3) of the Government Information (Public Access) Act 2009)) Representation: Applicant (Self-Represented) Counsel: A Hannam (Respondent) Solicitors: Shaw Reynolds Lawyers (Respondent) File Number(s): 2024/00125220 Publication restriction: 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 FOR PUBLICATION are not to be published or disclosed to the Applicant or the public.