Efremov v Health Administration Corporation [2024] NSWCATAD 250

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Efremov v Health Administration Corporation [2024] NSWCATAD 250 Hearing dates: 8 August 2024 Date of orders: 27 August 2024 Decision date: 27 August 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: EA MacIntyre, Senior Member Decision: (1) The administratively reviewable decisions of the Respondent are set aside. (2) The administratively reviewable decisions are remitted for reconsideration by the Respondent in accordance with the reasons of the Tribunal at paragraph [49]. (3) The administratively reviewable decisions of the Respondent are otherwise affirmed. Catchwords: ADMINISTRATIVE LAW - administrative review - government information - access application - enforceable right to access government information - - conclusive presumption of an overriding public interest against disclosure – excluded information – Health Care Complaints Commission – complaint – investigation – "relates to" ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Health Administration Act 1982 (NSW) Health Care Complaints Act 1993 (NSW) Cases Cited: Beregi v Department of Planning, Industry and Environment [2019] NSWCATAD 253 Beregi v Department of Planning Industry and Environment [2020] NSWCATAP 185 Rawan Arraf v NSW Crime Commission [2022] NSWCATAD 81 Roberts v Commissioner of Police [2018] NSWCATAD 127 Sethi v New South Wales Crime Commission [2024] NSWCATAD 21 Sinclair v Psychology Council of NSW [2017] NSWCATAD 8 Watson v NSW Trustee and Guardian [2015] NSWCATAD 139 Texts Cited: Nil Category: Principal judgment Parties: Andrey Efremov (Applicant) Health Administration Corporation (Respondent) Representation: Applicant (Self-Represented) Crown Solicitor (Respondent) File Number(s): 2024/00031389