Nature Conservation Council of NSW v Department of Trade and Investment, Regional Infrastructure and Services [2012] NSWADT 195

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Nature Conservation Council of NSW v Department of Trade and Investment, Regional Infrastructure and Services [2012] NSWADT 195 Hearing dates: 6 and 7 March 2012 Decision date: 20 September 2012 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: 1. The decision under review is set aside insofar as it relates to the Agreements that are the subject of this application. In its place the decision is made that the redacted information in the Agreements is to be released to the Applicant within 30 days of the publication of this decision. 2. The decision under review is affirmed insofar as it relates to the TEPCO document. Catchwords: Government Information Public Access - scope of request - whether public interest considerations against disclosure outweigh the public interest considerations favouring disclosure - whether disclosure could reasonably be expected to prejudice commercial-in-confidence provisions of a government contract- whether disclosure could reasonably be expected to diminish the competitive commercial value of any information to any person- whether disclosure could reasonably be expected to prejudice any person's legitimate business, commercial, professional or financial interests Legislation Cited: Administrative Decisions Tribunal Act 1997 Government Information (Public Access) Act 2009 Cases Cited: Allen Taylor & Co Ltd & Anor v Forestry Commission of NSW & Anor (SCA, 291263 of 2010) Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Cianfrano v Director General, NSW Treasury [2005] NSWADT 7 Commissioner of Police, NSW Police Force v Camilleri [2012] NSWADTAP 19 Director-General, Department of Environment, Climate Change and Water v Forestry Commission of New South Wales [2011] NSWLEC 102 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Flack v Commissioner of Police, NSW Police (2011) NSWADT 286 Foster v Federal Commissioner of Taxation (1951) 82 CLR 606 Freeland v General Manager, Liverpool City Council [1999] NSWADT 95 Griffin Energy Pty Ltd v Western Power Corporation [2006] FCA 1241 Hurst v Wagga Wagga City Council [2011] NSWADT 307 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Media Research Group Pty Ltd v Department of Premier and Cabinet [2011] NSWADTAP 7 Neary v State Rail Authority [1999] NSWADT 107 R v Australian Broadcasting Tribunal; ex parte Hardiman (1980) 144 CLR 13 R v Ritson; R v Stacey (2010) NSWDC 160 Re: Maher and the Attorney General's Department (No 2) (1986) 4 AAR 266 Retain Beacon Hill High School Committee Inc v NSW Treasury [2007] NSWADT 55 Richards v Commissioner, Department of Community Services (2011) NSWADT 98 Sobh v Victoria Police (1994) 1 VR 41 Watt v Forests NSW [2007] NSWADT 197 XZ v Commissioner of Police, NSW Police Force [2009] NSWADTAP 2 Category: Principal judgment Parties: Nature Conservation Council of NSW (Applicant) Department of Trade and Investment, Regional Infrastructure and Services (First Respondent) Allen Taylor & Company Limited (Second Respondent) Duncan's Holdings Limited (Third Respondent) Representation: Counsel P Knowles (Second and Third Respondent) I Ratcliff, Environmental Defender's Office (NSW) Ltd, (Applicant) D Anderson (First Respondent) Freehills (Second and Third Respondent) N Case, Information Commissioner File Number(s): 113211