GTV v Nepean Blue Mountains Local Health District [2024] NSWCATAD 383

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GTV v Nepean Blue Mountains Local Health District [2024] NSWCATAD 383 Hearing dates: 2 December 2024 Date of orders: 16 December 2024 Decision date: 16 December 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: EA MacIntyre, Senior Member Decision: (1) The administratively reviewable decision under review is affirmed. (2) Pursuant to ss 64(1)(c) and 64(1)(d) of the Civil and Administrative Tribunal Act 2013, the disclosure of the name of the Applicant or reference to any information, picture or other material that identifies the Applicant or is likely to lead to the identification of the Applicant is prohibited. (3) 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and 64(1)(d) of the Civil and Administrative Tribunal Act 2013, the contents of all paragraphs in these reasons marked NOT FOR PUBLICATION are not to be published or disclosed to the Applicant or the public.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 - presumption in favour of the disclosure of government information - overriding public interest against disclosure - public interest considerations against disclosure - public interest considerations in favour of disclosure - balance - term 'could reasonably be expected' - personal information -confidential information - prejudice to supply of information - prejudice to the effective exercise of agency's functions 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) Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Alexander v University of Sydney and anor [2008] NSWADT 214 AMH v Western New South Wales Local Health District [2013] NSWADT 282 Amos v Western NSW Local Health District; Arnold v Western NSW Local Health District [2017] NSWCATAD 359 Collins v Department Finance, Services & Innovation [2018] NSWCATAD 60 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 EIF v Legal Aid New South Wales [2020] NSWCATAD 113 Fahey v NSW Office of Liquor Gaming and Racing [2012] NSWADT 181 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Fire Brigade Employees' Union v Fire and Rescue NSW [2014] NSWCATAD 113 Johnson Tiles Pty Ltd v Esso Australia Ltd [2000] FCA 495 Leech v Sydney Water Corporation [2010] NSWADT 298 Luxford v Department of Education and Communities [2016] NSWCATAD 118 Miskelly v Secretary, Department of Education [2019] NSWCATAD 48 MJ v NSW Department of Education & Commerce [2013] NSWADT 213 Pillinger v Northern Sydney Local Health District [2021] NSWCATAD 14 Robinson v Director General, Department of Health [2002] NSWADT 222 Ryan v NSW Minister for Planning and Open Spaces [2021] NSWCATAP 22 Texts Cited: None Cited Category: Principal judgment Parties: GTV (Applicant)