Southern Radiology Nuclear Medicine v Environmental Protection Authority [2014] NSWCATAD 145

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Southern Radiology Nuclear Medicine v Environmental Protection Authority [2014] NSWCATAD 145 Hearing dates: On the papers Decision date: 17 September 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The decision under review is affirmed. Catchwords: access to government information - whether public interest considerations against disclosure outweigh the public interest considerations favouring disclosure - whether disclosure could reasonably be expected to prejudice any person's legitimate business, commercial, professional or financial interests Legislation Cited: Administrative Decision Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Commissioner, NSW Police Force v Camilleri [2012] NSWADTAP 19 Fulham v Director General, Department of Environment Conservation [2005] NSWADT 68 Leech v Sydney Water Corporation [2010] NSWADT 298 Category: Principal judgment Parties: Southern Radiology Nuclear Medicine (Applicant) Environmental Protection Authority (Respondent) Representation: TressCox Lawyers (Applicant) M Moore, (Agent for the Respondent) File Number(s): 133318

reasons for decision 1This matter was commenced in the General Division of the Administrative Decisions Tribunal ("the ADT") pursuant to the Administrative Decision Tribunal Act 1997 ("the ADT Act"). On 1 January 2014, the ADT was abolished and its functions were taken over by the Civil and Administrative Tribunal of New South Wales ('NCAT'). The present decision is therefore a decision of NCAT. But because the proceedings to which it relates are 'part heard proceedings' as defined in clause 6(1) of Schedule 1 of the Civil and Administrative Tribunal Act 2013, they are to be determined as if that Act had not been enacted (see clause 7(3)(b) of this Schedule). 2The proceedings are brought pursuant to Part 5 Division 4 of the Government Information (Public Access) Act 2009 ("the GIPA Act") in relation to a decision made by Dr Racho Donef, the Senior Project Officer (GIPA/Privacy) of the Environment Protection Authority ("the EPA"). Dr Donef's decision was to release information that the Applicant contends concerns its business affairs. 3The GIPA access application requested access to: "Documents produced in the last year containing information about reports on: (a) Lost radiation sources and (b) Unauthorised radiation practices or processes". 4The Applicant is a third party who objected to the release of a number of documents ("the Documents") that were the subject of the determination. The Documents concern correspondence between the EPA and the Applicant in relation to an inspection of the Applicant's premises by the EPA. During the inspection the EPA's officers identified two issues of non-compliance with the requirements of the Radiation Control Act 1990. 5The Respondent advised the Applicant that it had received the access application and that it proposed to release the Documents. In response, the Applicant raised objections to the proposed release. Notwithstanding the Applicant's objection, Dr Donef's decision was to release the information. The Applicant has applied to the Tribunal for external review of the determination.