McKinnon v Blacktown City Council [2012] NSWADT 44

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: McKinnon v Blacktown City Council [2012] NSWADT 44 Hearing dates: 21 September 2011 Decision date: 20 March 2012 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: 1.Set aside the decision of the Agency and instead determine that within 30 days of the publication of these reasons the Agency release to the Applicant a copy of the report subject to deletions as indicated in these reasons. 2.Order under s 75(2) of the Administrative Decisions Tribunal Act 1997 that for a period 30 days from the publication of these reasons paragraphs 60 to 66, and 68, of these reasons not be disclosed to the Applicant, the Information Commissioner or the public. Catchwords: Government Information (Public Access) - personal information- confidential information that facilitates the effective exercise of an agency's functions - breach of confidence - information provided to an agency in confidence - personal information - competitive commercial value Legislation Cited: Administrative Decisions Tribunal Act 1997 Government Information (Public Access) Act 2009 Freedom of Information Act 1989 Local Government Act 1993 Protected Disclosures Act 1994 Cases Cited: Alexander v University of Sydney [2008] NSWADT 214 Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Chief Executive Officer, State Rail Authority v Woods [GD) [2003] NSWADTAP 25 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Department of Education & Training v Mullet [2002] NSWADTAP 13 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Neary v State Rail Authority [1999] NSWADT 107 Stewart and Department of Transport [1993] QICmr 6; (1993) 1 QAR 227 TW v TX [2005] NSWADT 262 XZ v Commissioner of Police, NSW Police Force [2009] NSWADTAP 2 Category: Principal judgment Parties: Michael McKinnon (Applicant) Blacktown City Council (Respondent) Representation: M McKinnon (Applicant in person) Sparke Helmore (Respondent) Information Commissioner File Number(s): 113164 Publication restriction: Order under s 75(2) of the Administrative Decisions Tribunal Act 1997 that for a period 30 days from the publication of these reasons paragraphs 60 to 66, and 68, of these reasons not be disclosed to the Applicant, the Information Commissioner or the public.