Singh v Legal Aid Commission (No 2) [2015] NSWCATAD 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Singh v Legal Aid Commission (No 2) [2015] NSWCATAD 5 Hearing dates: On the papers Date of orders: 14 January 2015 Decision date: 14 January 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: In matter No. 133096, with the exception of those matters where I have found that the withheld information should be released, the Respondent's determination to refuse to grant access to the redacted information is affirmed. In matter No. 133101, with the exception of those matters where I have found that the withheld information should be released, the Respondent's determination to refuse to grant access to the redacted information is affirmed. In matter No. 133347 the determination is affirmed. Catchwords: Government information - public interest considerations against disclosure - conclusive presumption - legal professional privilege - false or unsubstantiated allegations about a person that are defamatory - personal information - operation of agencies – confidential information – whether prejudicing any person's legitimate business, commercial, professional or financial interests – whether prejudicing the supply to an agency of confidential information – whether prejudicing the effective exercise of that agency's functions Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: AIN v Medical Council (NSW) [2013] NSWADT Attorney-General's Department v Cockcroft (1986) 10 FCR180 AWB Ltd v Cole (No 5) (2006) 155 FCR 30 Baker v Campbell (1983) 153 CLR Battin v University of New England [2013] NSWADT 73 Bennett v Vice Chancellor, University of New England [2000] NSWADT 8 Brookfield Multiplex Ltd and Anor v International Litigation Funding Partners Pty Ltd and Ors (No 2) (2009) 256 ALR Cianfrano v Department of Commerce [2008] NSWADTAP 1 Cianfrano v Premiers Department [2006] NSWADT 137 Colefax v Department of Education and Communities (No 1) [2013] NSWADT 42 Colefax v Department of Education and Communities (No 2) [2013] NSWADT 130 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409. Flack v Commissioner of Police, NSW Police Force [2011] NSWADT 286 Hill v University of Western Australia [1995] WAICmr 60 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Lawrence v Port Stephens Council [2008] NSWADT 243. Leech v Sydney Water Corporation [2010] NSWADT 198 Macquarie University v Howell (No 2) [20091 NSWADTAP 19 Manly v Ministry of Premier and Cabinet (Supreme Court of Western Australia, delivered 15 June 1995 Mann v Carnell(1999) 201 CLR 1 McKinnon v Blacktown City Council [2012] NSWADT 44 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Minister of Immigration v Li [2013] HCA 18. Neary v State Rail Authority [1999] NSWADT 107 Priest v State of New South Wales [2006] NSWSC 1281 R v Anderson (1965) 113 CLR 177. Re B and Brisbane North Regional Health Authority (1994) 1 QAR 279 Re McKinnonn and Secretary, Department of Foreign Affairs and Trade [2004] AATA 1365; (2004) 86 ALD 780 Robinson v Director General, Department of Health (2002) NSWADT 222 Black v Hunter New England Area Health Service [2008] NSWADT 301 Roy v Commissioner of Police, NSW Police Force [2012] NSWADT 120 Saggers v Environment Protection Authority [2014] NSWCATAD 37 Singh v Legal Aid Commission [2014] NSWCATAD 28. State of New South Wales v Jackson [2007] NSWCA 279 Waterford v Commonwealth (1987) 163 CLR 96 Williams v Department of Industry and Investment [2012] NSWADT 192 Category: Principal judgment Parties: Andrew Singh (Applicant) Legal Aid Commission (Respondent) Representation: Solicitors: A Singh (Applicant in person) Crown Solicitors Office (Respondent) File Number(s): 133347, 133096, 133101