AMH v Western New South Wales Local Health District [2013] NSWADT 282

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AMH v Western New South Wales Local Health District [2013] NSWADT 282 Hearing dates: On the papers Decision date: 05 December 2013 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: 1) The decision of the Agency with respect to all the information in issue, apart from document 31, is confirmed. 2) With respect to information in document 31 the decision is set aside and in lieu thereof that Tribunal determines to give the Applicant access to that information (with the exception of email addresses) 30 days from the date of this order. 3) Paragraphs 30, 62 and 73 of these reasons are not to be disclosed to the Applicant, the Joined Party or the public and shall not be published. 4) I note that the orders made by the Tribunal on 31 October 2012 prohibiting the disclosure or publication of the identities of the individuals who are parties to this proceeding remains in force. Catchwords: Government information public access - access to information - confidential information - personal information - Legislation Cited: Administrative Decisions Tribunal Act 1997 Government Information (Public Access) Act 2009 Freedom of Information Act 1989 Freedom of Information Act 1982 (Cth). Cases Cited: AEZ v Commissioner of Police NSW Police Force [2013] NSWADT 90 Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Black v Hunter New England Local Health Network (No 2) 2012 NSWADT 235 Commissioner of Police NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Ermel v Department of Finance and Services [2013] NSWADT 183 Hurst v Wagga Wagga City Council [2011] NSWADT 307 McKinnon v Nepean Blue Mountains Local Health Network [2012] NSWADT 86 McKinnon v Secretary, Department of Treasury [2006] HCA 45 XZ v Commissioner of Police, NSW Police Force [2009] NSWADTAP 2 Category: Principal judgment Parties: AMH (Applicant) Western New South Wales Local Health District (Respondent) AMI (Joined Respondent) Representation: Counsel P Ginters (Respondent) Bird Legal (Applicant) Henry Davis York (Respondent) AMI (Joined party - in person) File Number(s): 123198 Publication restriction: S75 Administrative Decisions Tribunal Act 1997 applies to Paragraphs 30, 62 & 73