Webster v Bayside Council [2024] NSWCATAD 226

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Webster v Bayside Council [2024] NSWCATAD 226 Hearing dates: 11 June 2024 Date of orders: 8 August 2024 Decision date: 08 August 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J Sullivan, Senior Member Decision: (1) The decision under review is set aside. (2) The matter is remitted to the respondent which is directed to grant access to the Applicant of information not previously released in accordance with paragraph 112 of these reasons for decision. (3) The respondent is to confirm in writing to the Tribunal, by Thursday 12 September 2024, that Order 2 has been complied with. Catchwords: ADMINISTRATIVE LAW – Access to information — GIPA – reasonableness of search – public interest considerations against disclosure – cl 3(a), 3(e) and 3(f) of the Table in s14 of the GIPA Act Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: AEZ v Commissioner of Police, NSW Police Force [2013] NSWADT 90 AIN v Medical Council of New South Wales [2015] NSWCATAP 241 Batten v University of New England [2013] NSWADT 73 CBL v Sydney Water Corporation [2016] NSWCATAD 287 Commissioner of Police, New South Wales Police Force v Camilleri (GD) [2012] NSWADTAP 19 Commissioner of Police, NSW Police Force v Barrett [2015] NSWCATAP 68 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Leech v Sydney Water Corporation [2010] NSWADT 298 Manning v Bathurst Regional Council [2018] NSWCATAD 18 Miskelly v Roads and Maritime Service [2019] NSWCATAD 133 OTB v Commissioner of Police, NSW Police Force (2019) NSWCATAD 114 Radio 2UE Sydney Pty Ltd v Chesterton (2009) 238 CLR 460; [2009] HCA 16, Sheehy v Commissioner of Police; Rapisarda v Commissioner of Police; McDonald v Commissioner of Police; Housego v Commissioner of Police [2018] NSWCATAD 73 Sim v Stretch [1936] 2 All ER 1237 Tallawoladah Pty Ltd v Department of Planning, Industry and Environment [2021] NSWCATAD 248 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 Texts Cited: Nil Category: Principal judgment Parties: Daniel Webster (Applicant) Bayside Council (Respondent) Representation: Applicant (Self-represented)