Marrickville Legal Centre v Legal Aid NSW [2024] NSWCATAD 378

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Marrickville Legal Centre v Legal Aid NSW [2024] NSWCATAD 378 Hearing dates: 24 October 2024 Date of orders: 12 December 2024 Decision date: 12 December 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: K Robinson, Principal Member Decision: (1) The decision under review is affirmed. (2) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013: (a) other than to the Tribunal and the respondents, disclosure, publication or broadcast of the contents of exhibits CR8 and CR9 received in evidence by the Tribunal on 24 October 2024 is prohibited; and (b) the withheld information remains confidential to the First Respondent and the Tribunal. Catchwords: ADMINISTRATIVE LAW – access to government information – freedom of information – public interest test – public interest considerations in favour of disclosure outweighed by public interest considerations against disclosure Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Alexander v University of Sydney & Anor [2008] NSWADT 214 Burnett (on behalf of Burnett) v Secretary, Department of Communities and Justice [2021] NSWCATAD 114 Cameron v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 13 Commissioner of Police (NSW) v Barrett (No 2) [2016] NSWCATAP 86 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Fire Brigade Employees' Union v Fire and Rescue NSW [2014] NSWCATAD 113 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Leech v Sydney Water Corporation [2010] NSWADT 298 Leydon v Commissioner of Police [2019] NSWCATAD 267 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None cited Category: Principal judgment Parties: Marrickville Legal Centre (Applicant) Legal Aid NSW (First Respondent) University of New South Wales (Second Respondent) Representation: Counsel: L Hamilton (Applicant) M Della-Pozza (Second Respondent)