Gregory v Secretary, Department of Education [2024] NSWCATAD 353

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gregory v Secretary, Department of Education [2024] NSWCATAD 353 Hearing dates: 15 November 2024 Date of orders: 27 November 2024 Decision date: 27 November 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: EA MacIntyre, Senior Member Decision: (1) The administratively reviewable decisions of the Respondent are set aside. (2) The decision to release information made by the Respondent in the course of these proceedings is affirmed. (3) The decision to redact the information in Redactions 3(a) and (b) is affirmed. (4) The administratively reviewable decisions of the Respondent are otherwise remitted to the Respondent for reconsideration in accordance with these reasons. (5) Pursuant to ss 64(1)(c) and 64(1)(d) of the Civil and Administrative Tribunal Act 2013 the contents of all paragraphs in these reasons marked NOT FOR PUBLICATION and information in evidence found to be the subject of client legal professional privilege, are not to be published or disclosed to the Applicant or the public. 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 - public interest considerations against disclosure - public interest considerations in favour of disclosure - balance - personal information 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) Environmental Planning and Assessment Act 1979 (NSW) Evidence Act 1995 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: AWB Limited v Honourable Terence Rhoderic Hudson Cole (No 5) [2006] FCA 1234 CCB v Department of Education and Communities [2015] NSWCATAD 145 Chamley v Sydney Children's Hospital Network [2013] NSWADT 197 Fadlallah v Insurance and Care NSW [2021] NSWCATAD 304 Jackson v University of New South Wales [2019] NSWCATAD 224 Johnston v TAFE NSW [2019] NSWCATAD 152 Mann v Carnell [1999] HCA 66 Save Bungendore Park Inc v Minister for Education and Early Learning [2023] NSWLEC 140 Standard Chartered Bank of Australia Ltd & Anor v Antico & Ors [1995] (1993) 36 NSWLR 87 In the matter of Southland Coal Pty Ltd (rec and mgrs apptd) (in liq) [2006] NSWSC 899 Texts Cited: Nil Category: Principal judgment Parties: Richard Gregory (Applicant) Secretary, Department of Education (Respondent) Representation: Agent: S Gregory (Agent) (Applicant)