Imielska v Northern Sydney Local Health Network [2014] NSWCATAD 216

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Imielska v Northern Sydney Local Health Network [2014] NSWCATAD 216 Hearing dates: On the papers Decision date: 09 December 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) I affirm the decision of the Agency in respect of the Legal professional privilege claim (emails 85-87). (2) I affirm the decision of the Agency in respect of the unreasonable and substantial diversion of the agency's resources in respect of the recovery of emails. (3) I otherwise set aside the decision of the agency in respect of the unreleased emails (other than emails 85-87) and remit the matter to the Agency for reconsideration in accordance with this decision. Catchwords: Access to government information - Public Interest Considerations in favour of disclosure - Whether Respondent applied considerations - Whether Agency has justified decision and met burden of proof - personal information Legislation Cited: Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 Administrative Decisions Review Act 1997 Freedom of Information Act 1989 Cases Cited: Colefax v Department of Education and Communities No 2 [2013] NSWADT 130 Cianfrano v Director General, Premier's Department [2006] NSWADT 137 Category: Principal judgment Parties: Grazyna Imielska (Applicant) Northern Sydney Local Health District (Respondent) Representation: G Imielska (Applicant in person) Curwoods Legal Services (Respondent) File Number(s): 133162