CY v AEF and Northern Sydney Local Health District (GD) [2012] NSWADTAP 46

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: CY v AEF and Northern Sydney Local Health District (GD) [2012] NSWADTAP 46 Hearing dates: 7 September 2012 and 25 October 2012 Decision date: 14 November 2012 Before: Judge K P O'Connor, President K Fitzgerald, Judicial Member P Smith, Non-judicial Member Decision: 1. Appeal dismissed. 2. Tribunal's decision affirmed, subject to it taking effect 10 days after the publication of these reasons. Catchwords: GOVERNMENT INFORMATION (PUBLIC ACCESS) - Appeal - Third party objection to release of documents - Whether prior suppression order raises conclusive presumption - Power of Tribunal to re-open suppression order - Status of prior Tribunal order made between different parties - Merits - Balancing of considerations for and against disclosure - Appeal dismissed: Government Information (Public Access) Act 2009, s 14, Schedule 1, Clause 4; Administrative Decisions Tribunal Act 1997, s 75. Legislation Cited: Administrative Decisions Tribunal Act 1997 Court Suppression and Non-publication Orders Act 2010 Freedom of Information Act 1989 Government Information (Public Access) Act 2009 Cases Cited: AEF v Northern Sydney Local Health District (No 2) [2012] NSWADT 89 AEF v Northern Sydney Local Health District [2011] NSWADT 170 C v New South Wales Scientific Committee and anor [2008] NSWADT 42 Chief Executive Officer, State Rail Authority v Woods (GD) [2003] NSWADTAP 25 Commissioner of Police v District Court of New South Wales (1993) 31 NSWLR 606 (Perrin's case) CY v Northern Sydney Central Coast Area Health Service [2008] NSWADT 315 Harry Day v John Smidmore & Ors (No 2) [2005] NSWIRComm 406 House v The King (1936) 55 CLR 499 Category: Principal judgment Parties: CY (Appellant) AEF (First Respondent) Northern Sydney Local Health District (Second Respondent) Information Commissioner (Statutory Intervener) Representation: Counsel C D Jackson (Appellant) Slater & Gordon (Appellant) In person (First Respondent) Lander & Rogers (Second Respondent) File Number(s): 129012 Decision under appeal Citation: AEF v Northern Sydney Local Health District (No 2) [2012] NSWADT 89 Date of Decision: 2012-05-11 00:00:00 Before: General Division File Number(s): 113084