Department of Family and Community Services, Housing NSW v Edwards (GD) [2013] NSWADTAP 17

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Department of Family and Community Services, Housing NSW v Edwards (GD) [2013] NSWADTAP 17 Hearing dates: 26 March 2013 Decision date: 22 April 2013 Before: Judge K P O'Connor, President P Molony, Judicial Member M Bolt, Non-judicial Member Decision: 1. The Tribunal's order is varied to the extent recorded in the consent order set out at para [20] of these reasons. 2. Leave granted to extend the appeal to the merits. 3. The Tribunal's order as it relates to documents 20-22 and 24-26 is set aside. The agency's decision in relation to those documents is affirmed. Catchwords: GOVERNMENT INFORMATION (PUBLIC ACCESS) - Appeal by agency against terms of Tribunal order varying its refusal to disclose information - Whether the redactions directed by the Tribunal consistent with its reasons for decision - Part of appeal settled by consent - As to remainder, leave to extend appeal to merits granted - Tribunal decision set aside in that respect, agency's decision affirmed - Public interest in disclosure to an individual adversely affected by administrative action outweighed, in the circumstances, by public interest in withholding information the disclosure of which could reasonably be expected to expose a person to a risk of harm or of serious harassment or serious intimidation. Government Information (Public Access Act) 2009, ss 12-14; s 14 Table, cl 3(f).

PROCEDURE AND PRACTICE - Making of Final Orders by Tribunal - Order varying agency's decision, involving further redactions - Need to have agency consider views as to the consistency of the redactions with the terms of the decision. Legislation Cited: Administrative Decisions Tribunal Act 1997 Government Information (Public Access) Act 2009 Category: Principal judgment Parties: Department of Family and Community Services, Housing NSW (Appellant) Patricia Edwards (Respondent) Representation: Counsel L Karp (Appellant) P Batley (Respondent) M Callen, Department of Family and Community Services, Housing NSW (Appellant) P Latham, Legal Aid NSW (Respondent) File Number(s): 139001 Decision under appeal Jurisdiction: 9108 Citation: Edwards v Department of Family and Community Services, Housing NSW (No 2) [2012] NSWADT 273 Date of Decision: 2012-12-19 00:00:00 Before: General Division