Dewhirst v Department of Family and Community Services [2015] NSWCATAD 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dewhirst v Department of Family and Community Services [2015] NSWCATAD 13 Hearing dates: 11 September 2014 Decision date: 29 January 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: 1. The decision of the respondent in regard to the information remaining in issue is affirmed.

2. The respondent to pay the applicant an amount of $376.80 in costs. Catchwords: Administrative Review – government information – review of decision of agency to refuse access to government information sought – access to notifications made to the respondent about a specified child that named him – whether the conclusive presumption against disclosure in clause 10 of Schedule 1 of the Government Information (Public Access) Act applied - allegation notifications were not made in good faith

Delegate of the Secretary of the respondent issued a certificate under subsection 29(1A) of the Children and Young Person (Care and Protection) Act that the notifications were a report to which that section applied - whether the Tribunal can look behind the certificate

Costs – whether the respondent's conduct gave rise to special circumstances that warranted the making of an order for costs Legislation Cited: Children and Young Person (Care and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Director General Department of Family and Community Services v FEW [2013] NSWSC 1448 Spillane v Department of Family and Community Services [2014] NSWCATAD 169 Texts Cited: Category: Principal judgment Parties: Christopher Dewhirst (Applicant) Department of Family and Community Services (Respondent) Representation: Solicitors: C Dewhirst (Applicant in person) File Number(s): 1410283