Social Justice Advocates of the Sapphire Coast Incorporated v Bega Valley Shire Council [2024] NSWCATAD 279

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Social Justice Advocates of the Sapphire Coast Incorporated v Bega Valley Shire Council [2024] NSWCATAD 279 Hearing dates: 4 September 2024 Date of orders: 19 September 2024 Decision date: 19 September 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: K Robinson, Senior Member Decision: (1) The decision under review is set aside. (2) In substitution a decision is made that the document sought be disclosed to the Applicant. Catchwords: ADMINISTRATIVE LAW – administrative review – access to government information – freedom of information - conclusive overriding presumption against disclosure – legal professional privilege – client legal privilege – confidentiality - waiver by conduct Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Evidence Act 1995 Local Government Act 1993 Cases Cited: AIN v Medical Council of New South Wales [2015] NSWCATAP 241 College of Law Limited v Australian National University [2013] FCA 492 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Jackson v University of New South Wales [2019] NSWCATAD 224 Mann v Carnell [1999] HCA 66; (1999) 201 CLR 1 Moore v Southern NSW Local Health District [2024] NSWCATAD 72 Pratt Holdings Pty Ltd v Commissioner of Taxation (2004) 136 FCR 357 Priest v State of New South Wales [2006] NSWSC 1281 Switchcorp Pty Ltd v Multiemedia Ltd [2005] VSC 425 Trade Practices Commission v Sterling (1979) 36 FLR 244 Yee v Medical Council of NSW [2017] NSWCATAD 370 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None cited Category: Principal judgment Parties: Social Justice Advocates of the Sapphire Coast Incorporated (Applicant) Bega Valley Shire Council (Respondent) Representation: Pickup Legal (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2024/00209240 Publication restriction: Nil