Turner v Illawarra Shoalhaven Local Health District [2024] NSWCATAD 293

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Turner v Illawarra Shoalhaven Local Health District [2024] NSWCATAD 293 Hearing dates: 25 July 2024 Date of orders: 02 October 2024 Decision date: 02 October 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: L Bryant, Senior Member Decision: (1) The respondent's decision of 12 October 2023 is set aside in part. (2) In substitution: (a) the decision to refuse access to the redacted information in Documents 13-15, 18, 33 and 46 is varied to disclose the information to the applicant in accordance with the amended schedule annexed to the respondent's submissions dated 6 May 2024 and the open bundle of documents assembled in accordance with that amended schedule and filed on 7 May 2024; and (b) the respondent's decision is otherwise affirmed. (3) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013, other than to the Tribunal and respondent, publication, broadcast or disclosure of: (a) the confidential evidence filed by the respondent in these proceedings is prohibited; (b) the transcript and recording of the hearing of those parts of the hearing which took place in private and in the absence of the applicant is prohibited; and (c) the contents of all paragraphs in these Reasons marked "[NOT FOR PUBLICATION]" other than the words in those brackets is prohibited. Catchwords: ADMINISTRATIVE LAW – Freedom of information — Access to information – GIPA – conclusive presumption against disclosure – client legal privilege – confidential information – health privacy principle – effective exercise of agency's functions – – whether overriding public interest against disclosure. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Government Information (Public Access) Act 2009 Health Records and Information Privacy Act 2002 Health Services Act 1997 Work Health and Safety Act 2011 Cases Cited: Beregi v Department of Planning Industry and Environment [2020] NSWCATAP 185 Commissioner of Police, New South Wales Police Force v Camilleri (GD) [2012] NSWADTAP 19 Fenwick v Wambo Coal Pty Ltd (No 2) [2011] NSWSC 353 Jackson v University of New South Wales [2019] NSWCATAD 224 Mann v Carnell (1999) 201 CLR 1 Nasr v State of New South Wales [2007] NSWCA 101 Newton v Newcastle City Council [2022] NSWCATAD 18 Roberts v Commissioner of Police, NSW Police Force [2018] NSWCATAD 127 Taylor v Destination NSW [2017] NSWCATAD 272 Tebbutt v Minister for Lands and Water [2015] NSWCATAD 95 Waterford v Commonwealth (1987) 163 CLR 54 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None Category: Principal judgment Parties: Ryan Turner (Applicant) Illawarra Shoalhaven Local Health District (Respondent) Representation: Applicant (self-represented) Crown Solicitor (Respondent) File Number(s): 2024/00075216 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013, other than to the Tribunal and respondent, publication, broadcast or disclosure of: (a) the confidential evidence filed by the respondent in these proceedings is prohibited; (b) the transcript and recording of the hearing of those parts of the hearing which took place in private and in the absence of the applicant is prohibited; and (c) the contents of all paragraphs in these Reasons marked "[NOT FOR PUBLICATION]" other than the words in those brackets is prohibited.