Achieve Australia Ltd v Department of Family and Community Services [2014] NSWCATAD 171

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Achieve Australia Ltd v Department of Family and Community Services [2014] NSWCATAD 171 Hearing dates: On the papers Decision date: 14 October 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: N Isenberg, Senior Member Decision: The decision under review is set aside and the Tribunal decides in substitution that Ms Seach's access application is not a valid access application pursuant to s.43(2) of the GIPA Act. Catchwords: Government information - consultation with third party - objection to release - report following complaint to Ombudsman - whether excluded information Legislation Cited: Government Information (Public Access) Act 2009 Ombudsman Act 1974 Community Services (Complaints, Reviews and Monitoring) Act 1993) Freedom of Information Act 1989 Government Information (Public Access) Regulation 2009 Cases Cited: Cianfrano v NSW Ombudsman [2007] NSW ADT 273 DF v Director General, Attorney General's Department [2002] NSWADT 164

Miller v Director of Public Prosecutions [2012] NSWADT 38 Raethel v Director-General, Department of Education & Training [1999] NSW ADT 108 Colakovski v Australian Telecommunications Corporation [1991] FCA 152 Pertsinidis v Illawarra Shoalhaven Local Health District [2014] NSWCATAD 130 Category: Principal judgment Parties: Achieve Australia Ltd (Applicant) Department of Family and Community Services (Respondent 1) Beth Seach (Respondent 2) Representation: Prolegis Lawyers (Applicant) Department of Family and Community Services (Respondent 1 ) Ashurst Australia ( Respondent 2) File Number(s): 133363