GHW v Department of Education [2024] NSWCATAD 228

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GHW v Department of Education [2024] NSWCATAD 228 Hearing dates: 17 June 2024 Date of orders: 9 August 2024 Decision date: 09 August 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: EA MacIntyre, Senior Member Decision: (1) The decision under review is affirmed. (2) 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and 64(1)(d) of the Civil and Administrative Tribunal Act 2013, the contents of all paragraphs in these reasons marked NOT FOR PUBLICATION are not to be published or disclosed to the Applicant or the public. (3) Pursuant to ss 64(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013, the publication or broadcast of the names of the Applicant, his children, the children's mother and the children's places of education to the public is prohibited. (4) Pursuant to ss 64(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013, the publication of court orders made by the Federal Circuit and Family Court of Australia tendered in these proceedings or information contained in those court orders to the public is prohibited. (5) Pursuant to ss 64(1)(a), (c) and (d) of the Civil and Administrative Tribunal Act 2013, the publication of any part of the bundles of documents tendered by the Respondent and not provided to the Applicant is prohibited. (6) Pursuant to ss 64(1)(a), (c) and (d) of the Civil and Administrative Tribunal Act 2013, the publication to the Applicant or the public of the internal review application dated 23 February 2024 tendered by the Respondent, is prohibited. Catchwords: ADMINISTRATIVE LAW - administrative review - government information - access application - enforceable right to access government information - refusal to deal with access application - presumption in favour of the disclosure of government information - overriding public interest against disclosure - conclusive presumption of an overriding public interest against disclosure - public interest considerations against disclosure - public interest considerations in favour of disclosure – balance – care and protection of children – personal information ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children and Young Persons Care and Protection Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Family Law Act 1975 (Cth) Government Information (Public Access) Act 2009 (NSW) Government Sector Employment Act 2013 (NSW) Health Records and Information Privacy Act 2002 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Black v Hunter New England Local Health District [2011] NSWADT 195 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Davis v Secretary, Department of Education [2022] NSWCATAD 55 EHW v Secretary, Department of Education [2022] NSWCATAD 140 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Texts Cited: Nil Category: Principal judgment Parties: GHW (Applicant) Department of Education (Respondent) Representation: Applicant (Self-represented) Crown Solicitor (Respondent) File Number(s): 2024/00041623 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.