GPP v Secretary, Department of Education [2024] NSWCATAD 275

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GPP v Secretary, Department of Education [2024] NSWCATAD 275 Hearing dates: 29 August 2024 Date of orders: 17 September 2024 Decision date: 17 September 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: (1) The respondent's decision is amended to indicate that the respondent will release pages 1005 to 1037 (inclusive) , 1101, 1106 to 1190 (inclusive), 1226 to 1310 (inclusive), 1342 to 1343, 1347 to 1349, the second half of page 1369, from the second half of page 1370 to 1523 (inclusive) and from the second line of 1592 to 1676 (inclusive) of the documents that the respondent filed with the Tribunal on a confidential basis to the applicant. (2) The respondent's decision is otherwise affirmed. (3) The application for administrative review is otherwise dismissed. Catchwords: ADMINISTRATIVE LAW – administrative review – Government information – jurisdiction - confidential information – conclusive presumption of an overriding public interest against disclosure - balancing the public interest considerations in favour of disclosure and against disclosure Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Government Information (Public Access) Act 2009 (NSW) Health Records and Information Privacy Act 2002 (NSW) Ombudsman Act 1974 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Public Interest Disclosures Act 1994 (NSW) Cases Cited: AWB Ltd v Cole (No 5) (2006) 155 FCR 30 Amos v Central Coast Council [2018] NSWCATAD 101 Archer Capital 4A Pty Ltd v Sage Group Plc (No 2) (2013) 306 ALR 384 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 CLT v Secretary, Department of Education [2022] NSWCATAD 34 Camilleri v Commissioner of Police, NSW Police Force [2012] NSWADT 5 Chamley v Sydney Children's Hospital Network [2013] NSWADT 197 Cianfrano v Director General Department of Commerce and anor (No 2) [2006] NSWADT 195 Cousins v Ambulance Service (NSW) [2014] NSWCATAD 48 Dezfouli v Pulley [2013] NSWADT 223 Ferns v Commissioner of Corrective Services, Department of Corrective Services [2007] NSWADT 298 Fisher v Goulburn Mulwaree Council [2019] NSWCATAD 34 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Jackson v University of New South Wales [2019] NSWCATAD 224 Jenkinson v Department of Education and Communities [2013] NSWADT 280 Kennedy v Wallace (2004) 2004 FCR 185 Klaric v Commissioner of Police [2020] NSWCATAP 153 Learmouth v Secretary, Department of Education [2020] NSWCATAD 109 Luxford v Department of Education and Communities [2016] NSWCATAD 118 Meldru v Wollondilly Shire Council [2017] NSWCATAD 292 Pratt Holdings Pty Ltd v Commissioner of Taxation (2004) 136 FCR 357 Re Southland Coal Pty Ltd (Receivers and Managers Appointed) (in liq) (2006) 59 ACSR 87 Taylor v Destination NSW [2017] NSWCATAD 272 Templeton v Office of Environment & Heritage [2016] NSWCATAD 312 Transport for NSW v Searle [2018] NSWCATAP 93 Waterford v the Commonwealth (1987) 163 CLR 54 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 WorkCover Authority (NSW) v Law Society of New South Wales (2006) 65 NSWLR 502 at [77]; [2006] NSWCA 84 YG & GG v Minister for Community Services [2002] NSWCA 247 at [55] Texts Cited: None Category: Principal judgment Parties: GPP (Applicant) Secretary, Department of Education (Respondent) Representation: Applicant (Self-Represented)