Sharples v Tweed Shire Council [2015] NSWCATAD 59

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sharples v Tweed Shire Council [2015] NSWCATAD 59 Hearing dates: On the Papers Decision date: 25 March 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer Senior Member Decision: (1) Under section 101 (4) of the GIPA Act I extend time to file the application until 5:00pm 23 April 2014

(2) I set aside the decision of the Respondent Agency and instead determine that within 30 days of the publication of these reasons the Respondent Agency release to the Applicant a copy of the report in the form referred to, and subject to deletions as indicated at paragraph 52 in these reasons. Catchwords: Government Information (Public Access) - personal information- confidential information that facilitates the effective exercise of an agency's functions - breach of confidence - information provided to an agency in confidence – found action for breach of confidence – disclosure of information provided to agency in confidence Legislation Cited: Freedom of Information Act 1989 Government Information (Public Access) Act 2009 Cases Cited: Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409. Mannix v Department of Education and Communities [2014] NSWCATAD 35 McKinnon v Blacktown City Council [2012] NSWADT 44 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Flack v Commissioner of Police, NSW Police Force (2011) NSWADT 286 at [41] XZ v Commissioner of Police, NSW Police Force [2009] NSWADTAP 2 Neary v State Rail Authority [1999] NSWADT 107 Leech v Sydney Water Corporation [2010] NSWADT 298 at [25]. Department of Education & Training v Mullet [2002] NSWADTAP 13, Alexander v University of Sydney [2008] NSWADT 214 TW v TX [2005] NSWADT 262 Media Research Group Pty Ltd v Department of Premier and Cabinet (GD) [2011] NSWADTAP 7 (4 March 2011) Category: Principal judgment Parties: Terry Sharples (Applicant) Tweed Shire Council (Respondent) Representation: Solicitors: T Sharples (Applicant in person) DLA Piper Australia (Respondent) File Number(s): 1410200