Irvine v Temora Shire Council [2024] NSWCATAD 202

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Irvine v Temora Shire Council [2024] NSWCATAD 202 Hearing dates: 24 May 2024 Date of orders: 25 July 2024 Decision date: 25 July 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: M Deane, Senior Member Decision: 1. Under section 63 (3)(d) of the Administrative Review Act 1997, the decision under review is set aside and remitted for reconsideration in accordance with the recommendations set out in paragraph [103] to this decision 2. Under section 64(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) publication of the sound recording and the transcript of the closed hearing (from 11:10 am to 11:50 am on 24 May 2024) of these proceedings is prohibited 3. Under section 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW) publication of the evidence in Doc R3 and Doc R8 of these proceedings is prohibited. 4. Under section 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW) disclosure to the Applicant of the evidence in Doc R3 and Doc R8 and the sound recording and the transcript of the closed hearing (from 11:10 am to 11:50 am on 24 May 2024) in these proceedings and paragraphs [48], [49] and [73] of this decision is prohibited. Catchwords: ADMINISTRATIVE LAW — Reviewability — Justiciability — Status of decision-maker – where Respondent requested assistance from another Council in conducting internal review without instrument of delegation – purported internal review invalid – original decision deemed to have been made again and becomes the decision under review ADMINISTRATIVE LAW – Government information – public interest considerations against disclosure – reveal an individual's personal information – contravene an information protection principle under the Privacy and Personal Information Protection Act 1998 ADMINISTRATIVE LAW – Government information – whether Tribunal should substitute decision where individual not validly notified of decision to release redacted version Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Commissioner of Police (NSW) v Field [2016] NSWCATAP 59 Davis v Secretary, Department of Education [2022] NSWCATAD 55 Dennis v Department of Planning, Industry and Environment [2021] NSWCATAD 377 Nakhl Nasr v State of New South Wales; George Nasr v State of New South Wales [2007] NSWCA 101 Public Service Association and Professional Officers Association, Amalgamated Union of NSW v Premier's Department [2002] NSWADT 277 Snape v Commissioner of Police No 2 [2022] NSWCATAP 244 Tallawoladah Pty Ltd v Department of Planning, Industry and Environment [2021] NSWCATAD 248 Transport for NSW v Searle [2018] NSWCATAP 93 Texts Cited: nil Category: Principal judgment Parties: Anthony Irvine (Applicant) Temora Shire Council (Respondent) Representation: Solicitors: Applicant (self-represented) Lindsay Taylor Lawyers (Respondent) File Number(s): 2023/00454688 Publication restriction: 1. Under section 64(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) publication of the sound recording and the transcript of the closed hearing (from 11:10 am to 11:50 am on 24 May 2024) of these proceedings is prohibited 2. Under section 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW) publication of the evidence in Doc R3 and Doc R8 of these proceedings is prohibited. 3. Under section 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW) disclosure to the Applicant of the evidence in Doc R3 and Doc R8 and the sound recording and the transcript of the closed hearing (from 11:10 am to 11:50 am on 24 May 2024) in these proceedings and paragraphs [48], [49] and [73] of this decision is prohibited.