AQJ v University of New South Wales [2013] NSWADT 306

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AQJ v University of New South Wales [2013] NSWADT 306 Hearing dates: 7 June 2013 Decision date: 31 December 2013 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: 1. The decisions are affirmed insofar as they relate to the refusal to release documents that are the subject of a claim of legal privilege. 2. The decisions are affirmed in so far as they relate to the refusal to release staff emails. 3. The decision are set aside insofar as they relates to the refusal to release CATEI information. In its place the decision is made that the Applicant is to be given a reasonable opportunity to inspect the withheld CATEI information in a manner that does not permit the copying of that information. Catchwords: Access to personal information, legal professional privilege - form of access - confidentiality - personal factor particular to the Applicant - internal deliberation Legislation Cited: Administrative Decisions Tribunal Act 1997 Government Information (Public Access) Act 2009 Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501 Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252 Chan v Department of Education and Training (GD) [2010] NSWADTAP 7 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Daniels Corp International Pty Limited v Australia Competition & Consumer Commissioner [2002] HCA 49; (2002) 213 CLR 543. Esso Australia Resources Ltd v Commissioner of Taxation [1999] HCA 67; (1999) 201 CLR 49 Hargreaves v University of New England [2013] NSWADT 233 Hurst v Wagga Wagga City Council [2011] NSWADT 307 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Seven Network Ltd v News Ltd [2005] FCA 142 Waterford v Commonwealth (1987) 163 CLR 54 Williams v Department Industry and Investment [2012] NSWADT 192 Category: Principal judgment Parties: AQJ (Applicant) University of New South Wales (Respondent) Representation: D Weinberger (Applicant) J McLeod (Respondent) Thomson Lawyers (Applicant) P Sheehy (Respondent) File Number(s): 133061, 133089