Fire Brigade Employees' Union v Fire and Rescue NSW [2014] NSWCATAD 113

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fire Brigade Employees' Union v Fire and Rescue NSW [2014] NSWCATAD 113 Hearing dates: 3 June 2013 and on the papers Decision date: 05 August 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: File no 123306 1. The decision of the respondent in regard to the information in document 38,40, 60,79, 81 and the redacted information in document 84 is affirmed. 2. The decision of the respondent in regard to the information in document 50 is set aside and remitted for reconsideration by the respondent in accordance with these reasons for decision. File no 133223 3. The decision of the respondent is affirmed. Catchwords: Administrative review - government information - public access - conclusive overriding public interest against disclosure - Cabinet information

Administrative review - government information - public access - public interest test - whether public interest considerations against disclosure on balance outweigh the public interest considerations in favour of disclosure

Administrative review - government information - public access - prescribed public interest considerations against disclosure - reveal a deliberation in such a way as to prejudice a deliberative process of the agency - prejudice the effective exercise by agency of its functions - expose a person to an unfair advantage as a result of the premature disclosure of information concerning proposed action of the agency Legislation Cited: Administrative Decisions Tribunal Act 1997 (as at 31 December 2013) Civil and Administrative Tribunal Act 2013 (NSW) Fire Brigades Act 1989 Freedom of Information Act 1982 (Cth) Government Information (Public Access) Act 2009 Industrial Relations Act 1966 (NSW) Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR180 Commissioner of Police (NSW) v Camilleri [2012] NSWADTAP 19 Hurst v Wagga Wagga City Council [2011] NSWADT 307 McKinnon v Secretary, Department of Treasury [2006] HCA 45 McLennan v University of New England [2013] NSWADT 113 Re Waterford and Department of the Treasurey (No2) (1984) 5 ALD 588 Sobh v Victoria Police (1993) 1 VR 41 Van der Wall v University of Sydney [2008] NSWADT 213 Category: Principal judgment Parties: Fire Brigade Employees' Union (applicant) Fire and Rescue NSW (respondent) Representation: J Nolan (Applicant) I Harvey (Respondent) G Maniatis (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 123306 and 133223 Publication restriction: N/A