Clarke v Blacktown City Council [2013] NSWADT 36

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Clarke v Blacktown City Council [2013] NSWADT 36 Hearing dates: 16 & 17 July 2012 Decision date: 12 February 2013 Jurisdiction: General Division Before: S Higgins, Deputy President Decision: 1.The decision of the respondent is varied by granting the applicant access to the following additional information in Report No AD 300030 and Attachment 1 to that Report: paragraph 4 and 5 of the Report, the headings, dates and any other information of a formal nature in Part One and Part Two of Attachment 1, the information on page 4 and 7 of Attachment 1 that has already been disclosed in the Report, the information on page 5 and 6 of Attachment 1, the information on page 8 of Attachment 1 that is the overall rating, the information inserted by Mr Moore in Part One and Part Two of Attachment 1, the information in the first 3 columns of the schedule in Part Two of Attachment 1. 2. Within 28 days of this decision, the respondent to provide the applicant with a further copy of the Report and Attachment 1 in accordance with the terms of order 1 above. Catchwords: Government information - public access - performance review of general manager of a local council - confidential information - personal information - secrecy provision Legislation Cited: Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989 (NSW repealed) Freedom of Information Act 1982 (Cth) Government Information (Public Access) Act 2009 Local Government Act 1993 Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR180 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 McKinnon v Blacktown City Council [2012] NSWADT 44 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Re Maher and the Attorney General's Department (No 2) (1986) 4 AAR 266 Category: Principal judgment Parties: Denys Andreleon Lennox Clarke (Applicant) Blacktown City Council (Respondent) Representation: P Timmins (Agent for the Applicant) Sparke Helmore (Respondent) Office of the Information Commissioner File Number(s): 113317