Gee v Department of Education and Communities [2014] NSWCATAD 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gee v Department of Education and Communities [2014] NSWCATAD 7 Hearing dates: On the papers Decision date: 04 February 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: P H. Molony, Judicial Member Decision: 1. Set aside the decision under review and to remit to the Agency for reconsideration in accordance with these reasons, such reconsideration to be completed within 45 days of the publication of these reasons. 2. Pursuant to section 64 and 66 of the Administrative Decisions Review Act 1997 paragraphs 42, 43, 44. 47 and 68 of these reasons are not be disclosed to the Applicant or the public and shall not be published. Catchwords: Government Information (Public Access) -public interest consideration against disclosure - Public Interest Disclosures - disclosure of information provided to the Agency in confidence - prejudice the effective exercise by an agency of the agency's functions Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 HYPERLINK "http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1998%20AND%20no%3D133&nohits=y" \t "main" Privacy and Personal Information Protection Act 1998 Public Interest Disclosures Act 1994 Cases Cited: Commissioner of Police NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Department of Education and Training v GH [2009] NSWADTAP 33 Donnellan v Kuring-gai Council [2013] NSWADT 33 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Hurst v Wagga Wagga City Council [2011] NSWADT 307 New South Wales Office of Liquor, Gaming and Racing v Fahey (GD) [2012] NSWADTAP 55 Category: Principal judgment Parties: Gerald Gee (Applicant) Department of Education and Communities (Respondent) File Number(s): 133033 Publication restriction: Paragraphs 42, 43, 44. 47 and 68 - see order 2