New South Wales Office of Liquor, Gaming and Racing v Fahey (GD) [2012] NSWADTAP 55

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: New South Wales Office of Liquor, Gaming and Racing v Fahey (GD) [2012] NSWADTAP 55 Hearing dates: 3 December 2012 Decision date: 21 December 2012 Before: Judge K P O'Connor, President G Furness SC, Judicial Member Z Antonios, Non-judicial Member Decision: 1. Appeal allowed. 2. Leave granted to extend to the merits. 3. Decision under appeal set aside. 4. The agency's decision is affirmed. Catchwords: GOVERNMENT INFORMATION (PUBLIC ACCESS) - Identity of maker of Complaint to Public Agency - Weighing of Considerations For and Against Disclosure - Not a "False" Complaint - Whether that Consideration is Relevant at all - Reasonable Expectation of Confidentiality - Extension to Merits - Government Information (Public Access) Act 2009, ss 12-15, Table, cl 1(d), cl 2(a) Legislation Cited: Charitable Fundraising Act 1991 Freedom of Information Act 1989 Government Information (Public Access) Act 2009 Cases Cited: Chief Executive Officer, State Rail Authority v Woods [GD] [2003] NSWADTAP 25 Department of Education and Training v GJ (GD) [2009] NSWADTAP 33 Fahey v NSW Office of Liquor, Gaming and Racing [2012] NSWADT 181 Macquarie University v Howell (No. 2) (GD) [2009] NSWADTAP 19 Mauger -v- General Manager, Wingecarribee Shire Council [1999] NSWADT 35 Taylor v Chief Inspector, RSPCA [1999] NSWADT 23 Category: Principal judgment Parties: New South Wales Office of Liquor, Gaming and Racing (Appellant) David Fahey (Respondent) Information Commissioner (Statutory Intervener) Representation: J McDonnell, Crown Solicitor's Office (Appellant) In person (Respondent) File Number(s): 129031 Decision under appeal Jurisdiction: 9108 Citation: Fahey v NSW Office of Liquor, Gaming and Racing Date of Decision: 2012-09-03 00:00:00 Before: General Division File Number(s): 123039