FZC & FYX v Secretary, Department of Communities and Justice [2024] NSWCATAD 318

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FZC & FYX v Secretary, Department of Communities and Justice [2024] NSWCATAD 318 Hearing dates: On the papers Date of orders: 29 October 2024 Decision date: 29 October 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: EA MacIntyre, Senior Member Decision: (1) The decisions under review are varied in accordance with paragraph 143 of these reasons. (2) The decisions under review are otherwise affirmed. (3) Pursuant to s 64(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013, the publication or broadcast of the names of the applicants and any children contained in evidence is prohibited. Catchwords: ADMINISTRATIVE LAW - administrative review - government information - access application - enforceable right to access government information - - conclusive presumption of an overriding public interest against disclosure - care and protection of children - prejudice to supply of confidential information - prejudice to effective exercise of functions of agency - disclosure of confidential information - personal information - information protection principle - best interests of child - disclosure of information contravening law ADMINISTRATIVE LAW - reviewable decision - correct and preferable decision - Civil and Administrative Tribunal Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children and Young Persons Care and Protection Act 1998 Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Protection Act 1998 Cases Cited: Adams v Department of Family and Community Services [2016] NSWCATAD 46 Applicants v Commissioner of Police (NSW) [2015] NSWCATAD 22 Choi v Commissioner of Police, NSW Police Force [2020] NSWCATAD 95 Collins v Department Finance, Services & Innovation [2018] NSWCATAD 60 Commissioner of Police NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Danis v Commissioner of Police, NSW Police Force [2020] NSWCATAD 138 Dewhirst v Department of Family and Community Services [2015] NSWCATAD 13 EHW v Secretary, Department of Education [2022] NSWCATAD 140 FLF v Children's Guardian [2022] NSWCATAD 380 Forbidden Foods Pty Ltd v Rice Marketing Board of NSW [2020] NSWCATAD 18 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Jones v NSW Department of Education [2017] NSWCATAD 51 Mansfield v Department of Family and Community Services (NSW) [2014] NSWCATAD 43 McInnes v NSW Department of Education and Communities [2013] NSWADT 219 Miskelly v Secretary, Department of Education [2019] NSWCATAD 48 Murphy v Broken Hill City Council [2015] NSWCATAD 135 Saleam v Director General, Department of Community Services [2002] NSWADT 41 Selby v Commissioner of Police NSW [2013] NSWADT 61 Texts Cited: The Macquarie Dictionary Category: Principal judgment Parties: FZC (First Applicant) FYX (Second Applicant) Secretary, Department of Communities and Justice (Respondent) Representation: Applicants (self-represented) Crown Solicitor (Respondent) File Number(s): 2022/00295828; 2022/00294775 Publication restriction: Pursuant to ss 64(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013, the publication or broadcast of the names of the applicants and any children in contained in the evidence is prohibited.