Beryar v Sydney Trains [2024] NSWCATAD 205

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Beryar v Sydney Trains [2024] NSWCATAD 205 Hearing dates: On the Papers Date of orders: 24 July 2024 Decision date: 24 July 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: L Bryant, Senior Member Decision: 1. An oral hearing is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). 2. The decision under review is set aside. 3. In substitution a decision is made that Sydney Trains is to grant access to the applicant to relevant CCTV footage at Penrith train station on 2 December 2023, except for information disclosing the identity of any third party who has not provided consent for the disclosure of their personal information, which is to be pixelated or otherwise obscured. 4. The order made on 9 July 2024 under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) relating to the prohibition of publication or broadcast of the contents of the USB containing the CCTV footage is revoked. Catchwords: ADMINISTRATIVE LAW – Freedom of information — Access to information – GIPA – CCTV footage – public interest considerations in favour of disclosure – public interest considerations against disclosure – balancing exercise – pixelation of personal information Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (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, New South Wales Police Force v Camilleri (GD) [2012] NSWADTAP 19 Ermel v Department of Finance and Services [2013] NSWADT 183 Hurst v Wagga City Council [2011] NSWADT 307 Miskelly v Secretary, Department of Education [2019] NSWCATAD 48 OTB v Commissioner of Police, NSW Police Force (2019) NSWCATAD 114 Zonnevylle v Department of Education and Communities [2018] NSWCATAD 139 Texts Cited: None Category: Principal judgment Parties: Jatinder Singh Beryar (Applicant) Sydney Trains (Respondent) Representation: Applicant (self-represented) R Zoughaib (Sydney Trains) (Respondent) File Number(s): 2024/00094324 Publication restriction: None