Pittwater Council v Walker [2015] NSWCATAD 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pittwater Council v Walker [2015] NSWCATAD 34 Hearing dates: 5 February 2015 Decision date: 10 March 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: 1. The Respondent is restrained from making any access application to Pittwater Council without first obtaining approval of the Tribunal pursuant to section 110 (1) of the Government Information Public Access Act 2009. Catchwords: Government Information Public Access Act 2009 – Access to information – Restraint provisions – whether to make restraining order – beneficial jurisdiction – supervisory function of Tribunal – general jurisdiction of Tribunal – Standing of Information Commissioner in proceedings. Legislation Cited: Civil and Administrative Tribunal Act 2013 Freedom of Information Act 1982 (Cth) Government Information (Public Access) Act 2009 Government Information (Information Commissioner) Act 2009 Local Government Act 1993 Cases Cited: Department of Defence and W [2013] AlCmr2 Texts Cited: Opening Up Government – Review of the Freedom of Information Act 1989 NSW Ombudsman - February 2009 Category: Principal judgment Parties: Pittwater Council (Applicant) Phillip Walker (Respondent) Representation: Counsel: C Bolger (Applicant)

Solicitor: King Wood Mallesons (Applicant) P Walker (Respondent in person) File Number(s): 1410548