Patrick v Secretary, Department of Communities and Justice & Premier of NSW [2025] NSWCATAD 33

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Patrick v Secretary, Department of Communities and Justice & Premier of NSW [2025] NSWCATAD 33 Hearing dates: 23 September 2024 Date of orders: 04 February 2025 Decision date: 04 February 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Principal Member Decision: The application is dismissed. Catchwords: ADMINISTRATIVE LAW – Administrative review – Government information – Cabinet information – consideration of cl 2(1)(c) Schedule 1 Government Information (Public Access) Act – whether reasonable grounds for agency's claim Legislation Cited: Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Interpretation Act 1987 Cases Cited: Commonwealth v Northern Land Council [1993] HCA 24; (1993) 176 CLR 604 D'Adam v New South Wales Treasury [2014] NSWCATAD 68 DNM v NSW Ombudsman [2019] NSWCATAP 77 Lock the Gate Alliance v Department of Planning and Environment & Department of Premier and Cabinet [2019] NSWCATAD 6 McKinnon v Secretary, Department of Treasury (2006) 228 CLR 423 Patrick and Secretary, Department of Prime Minister and Cabinet (Freedom of Information) [2021] AATA 2719 Ryan v Department of Infrastructure [2004] VCAT 2346 Searle v Transport for NSW [2017] NSWCATAD 256 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 347 ALR 405 Texts Cited: Statutory Interpretation in Australia, Pearce, DC (10th ed, 2024, LexisNexis Australia) Category: Principal judgment Parties: Rex Patrick (Applicant) Secretary, Department of Communities and Justice (First Respondent) Premier of NSW (Second Respondent) Also heard: Information Commissioner (see s 104(1), Government Information (Public Access) Act 2009) Representation: Solicitors: Applicant (Self-Represented) Crown Solicitor (First Respondent) Crown Solicitor (Second Respondent) B Viset (Legal Officer) (Information Commissioner) Counsel: T Prince (First Respondent) T Prince (Second Respondent) File Number(s): 2024/00241055 Publication restriction: Nil