Webb v Secretary, Department of Communities and Justice [2024] NSWCATAD 238

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Webb v Secretary, Department of Communities and Justice [2024] NSWCATAD 238 Hearing dates: 9 October 2023 Date of orders: 14 August 2024 Decision date: 14 August 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Principal Member Decision: (1) The decision of the respondent is set aside in part. (2) The respondent is to release the information provided to the applicant prior to the Tribunal hearing. (3) The respondent is to release the information identified in paragraph [100] of these reasons. (4) The decision of the respondent is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review - Government Information – whether there is an overriding public interest consideration against disclosure – meaning of prejudice to relations between governments – agency's functions with regard to work health and safety – risks to health and safety of staff – personal information – effect of no consultation - balancing the public interest Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Work Health and Safety Act 2011 Cases Cited: Applicants v Commissioner of Police (NSW) [2015] NSWCATAD 22 Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Else v Sydney Trains [2021] NSWCATAP 245 Fire Brigade Employees' Union v Fire and Rescue (NSW) [2014] NSWCATAD 113 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Galiatsatos v Legal Profession Admission Board [2016] NSWCATAD 143 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Leech v Sydney Water Corporation [2010] NSWADT 298 McEwan v Port Stephens Council [2018] NSWCATAP 211 Miskelly v Secretary, Department of Education [2019] NSWCATAD 48 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Newton v Newcastle City Council [2022] NSWCATAD 18 Ryan v NSW Minister for Planning and Open Spaces [2021] NSWCATAP 221 Selby v Commissioner of Police (NSW) [2013] NSWADT 61 Smolenski v Commissioner of Police, NSW Police [2015] NSWCATAD 21 South Dural Residents and Ratepayers Group Inc. v Roads and Maritime Services [2019] NSWCATAD 83 Taylor v Destination NSW [2017] NSWCATAD 272 Webb v iCare NSW [2023] NSWCATAD 316 Texts Cited: Nil Category: Principal judgment Parties: Telina Webb (Applicant) Secretary, Department of Communities and Justice (Respondent) Also heard: Information Commissioner (see s 104(1), Government Information (Public Access) Act 2009) Representation: Applicant (self-represented) DCJ Legal, solicitor for the Respondent Information Commissioner by her employed solicitor File Number(s): 2023/00125842 Publication restriction: Section 64(1)(c) and s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 applies to the material filed by the respondent and the Information Commissioner on a confidential basis, to the evidence given in private before the Tribunal and to the record of that part of the proceedings conducted in private pursuant to s 49. Pursuant to ss 64(1)(b) and 64(1)(c) the publication or reporting of those portions of the public hearing of the application which disclosed any of the redacted information is prohibited. That material is not to be released to either the applicant or to the public.