Cousins v Ambulance Service of New South Wales [2014] NSWCATAD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cousins v Ambulance Service of New South Wales [2014] NSWCATAD 48 Hearing dates: 12 December 2013 Decision date: 23 April 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: The decision of the respondent is varied in accordance with paragraph 86 of these reasons for decision. Catchwords: Government information - form of access - proper construction of s 72(2)(d) - whether there is an overriding public interest in the disclosure of the information in the way requested by the applicant - whether access to the requested information, in the form requested, would interfere unreasonably with the operations of the agency - whether listening to the recording of the information at the offices of the respondent is an alternative form of access Legislation Cited: Administrative and Civil Tribunal Act 2013 Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Freedom of Information Act 1989 (repealed) Government Information (Public Access) Act 2009 Health Services Act 1997 Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR180 Commissioner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 Secretary, Department of Treasury [2006] HCA 45 Turner v Corrective Services NSW (no 2) [2013] NSWADT 232 Warren v NSW Trustee and Guardian [2013] NSWADT 178 Category: Principal judgment Parties: Christopher John Cousins (applicant) Ambulance Service of New South Wales (respondent) Representation: C Cousins (Applicant in person) M Bragg (Respondent) File Number(s): 133256