Pezzano v Department of Creative Industries, Tourism, Hospitality and Sport [2024] NSWCATAD 247

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pezzano v Department of Creative Industries, Tourism, Hospitality and Sport [2024] NSWCATAD 247 Hearing dates: 19 July 2024 Written submissions 31 July 2024 Date of orders: 23 August 2024 Decision date: 23 August 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J. Redfern PSM, Senior Member Decision: (1) The Department of Creative Industries, Tourism, Hospitality and Sport to be substituted as the Respondent. (2) The decisions under review, being the decisions of the delegate of the respondent in respect of the access applications made by the applicant dated 16 August 2023 made on 23 November 2023, are affirmed. Catchwords: ADMINISTRATIVE LAW — Access to government information — Ground for refusing access – Overriding secrecy laws — Whether information held by agency — Reasonable searches. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Corporations Act 2001 (Cth) Government Information (Public Access) Act 2009 (NSW) Lotteries and Art Unions Act 1901 (NSW) Public Lotteries Act 1996 (NSW) Cases Cited: CLT v Secretary, Department of Education [2022] NSWCATAD 34 Commissioner of Police NSW Police Force v Camilleri [2012] NSWADTAP 19 Destination NSW v Taylor [2019] NSWCATAP 123 Wojciechowska v Commissioner of Police 2020 NSWCATAP 173 Category: Principal judgment Parties: Mr Domenic Pezzano (Applicant) Department of Creative Industries, Tourism, Hospitality and Sport (Respondent) Representation: Applicant (Self-Represented)