McMullen v Insurance and Care NSW (iCare) [2024] NSWCATAD 332

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McMullen v Insurance and Care NSW (iCare) [2024] NSWCATAD 332 Hearing dates: 11 October 2024 Date of orders: 7 November 2024 Decision date: 07 November 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: EA MacIntyre, Senior Member Decision: (1) The administratively reviewable decision of the Respondent is set aside. (2) The decision of the Respondent to release to the Applicant the information that has been released to the Applicant is affirmed. (3) The administratively reviewable decision of the Respondent is 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 - legal professional privilege 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) Evidence Act 1995 (NSW) Government Information (Public Access) Act 2009 (NSW) Workers Injury Management Workers Compensation Act 1998 (NSW) Workers Compensation Regulations 2016 (NSW). Cases Cited: AWB Limited v Honourable Terence Rhoderic Hudson Cole (No 5) [2006] FCA 1234 Colefax v Department of Education and Communities [2013] NSWADT 75 Fadlallah v Insurance and Care NSW [2021] NSWCATAD 304 General Manager, WorkCover Authority of NSW v Law Society of NSW [2006] NSWCA 84 Roberts v Commissioner of Police, NSW Police Force [2018] NSWCATAD 127 In the matter of Southland Coal Pty Ltd (rec and mgrs apptd)(in liq) [2006] NSWSC 899 Transport for NSW v Robinson [2018] NSWCATAP 123 Texts Cited: Nil Category: Principal judgment Parties: Beth McMullen (Applicant) Insurance and Care NSW (iCare) (Respondent) Representation: Applicant (Self-Represented) Crown Solicitor (Respondent) File Number(s): 2023/00361424 Publication restriction: None