ACE v State of NSW (TAFE Commission and DET (No 2) [2011] NSWADT 77

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: ACE v State of NSW (TAFE Commission and DET (No 2) [2011] NSWADT 77 Hearing dates: On the papers Decision date: 13 April 2011 Before: R Perrignon, Judicial member Dr J Schneeweiss, Non-judicial member Dr B Weule, Non-judicial member Decision: 1) The name of the applicant is to be substituted with the letters 'ACE', which are not the initials of the applicant. 2) The name of her daughter is to be substituted with 'D', which is not the daughter's initial. 3) The names of the applicant's parents are to be substituted with 'Mr P', 'Mrs P' or 'Mr and Mrs P' as appropriate, where the letter P does not form the initial of either parent. 4) The name of the applicant's business in paragraph 63 of the reasons is to be substituted with 'X Y Glass'. 5) Subject to any further or other order of the Tribunal, the substitutions listed above are to apply to these reasons, to the reasons already published by the Tribunal in these proceedings, and to any further reasons for decision which may be published by the Tribunal in these proceedings. Catchwords: Application for anonymisation or 'pseudonym orders' - power of Tribunal to make orders pursuant to section 75(2) of the Administrative Decisions Tribunal Act 1997 - discretionary factors - Tribunal's policy in publishing reasons for decision on the internet - whether pseudonym should be subsituted for the name of the applicant in published reasons - whether pseudonyms should be substituted for the names of witnesses or other entities in the Tribunal's reasons, which could lead to identification of applicant Legislation Cited: Administrative Decisions Tribunal Act 1997 Administrative Appeals Tribunal Act 1975 Cases Cited: D v Berkeley Challenge Pty Ltd [2001] NSWADT 92 John Fairfax & Sons Limited v Police Tribunal of New South Wales (1986) 5 NSWLR 465 Law Society of NSW v M (No 2) [2001] NSWADT 54 LD v Director-General, Dept of Education and Training [2009] NSWADT 14 O'Shane v Burwood Local Court (NSW) & Ors [2007] NSWSC 1300 R v A & B [1999] NSWADT 151 Re VC and Australian Federal Police (1985) 8 ALD 587 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 V v Y & anor [2000] NSWADT 12 X v Y & anor [2000] NSWADT 122 Category: Interlocutory applications Parties: ACE (Applicant) State of NSW (TAFE Commission and DET) (Respondent) Representation: Counsel : M Tibbey (Applicant) K Nomchong (Respondent) Solicitor : P Baker (Applicant) State Crown Solicitor (Respondent) File Number(s): 071120 Publication restriction: Section 75 of the Administrative Decisions Tribunal Act 1997