AIN v Medical Council of New South Wales [2015] NSWCATAD 66

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AIN v Medical Council of New South Wales [2015] NSWCATAD 66 Hearing dates: 19 December 2014 Decision date: 14 April 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: N Isenberg, Senior Member Decision: The decision under review is set aside. ORDERS

1. Subject to s.14 of the GIPA Act, the Respondent provide the applicant with the material set out in the table in paragraph 9 of this decision.

2. In respect of document 64, the document is not properly the subject of a claim for an overriding public interest against disclosure, except as the following entries: 5 July 2010, 19 July 2010, 24 September 2010, 5 and 6 October 2010, 8 October 2010 (and note), and 14 October 2010 (and note), and is otherwise to be provided to the applicant.

3. In respect of document 112, having found it not to be properly the subject of a claim for an overriding public interest against disclosure, it is to be provided to the applicant.

4. No order as to costs. Catchwords: Access to government information – versions of documents – format of information provided – "legal professional privilege" – overriding public interest against disclosure Legislation Cited: Medical Practice Act 1992 Government Information (Public Access) Act 2009 Evidence Act 1955 Administrative Decisions Tribunal Act 1997 Cases Cited: AIN v Medical Council of New South Wales [2013] NSWADT 112 Law v Wollondilly Shire Respondent [2013] NSWADT 203 Aquila Coal Pty Ltd v Bowen Central Coal Pty Ltd [2013] QSC 82 Sydney Airports Corp Ltd v Singapore Airlines Ltd [2005] NSWCA 47 General Manager, WorkCover Authority of NSW v Law Society of NSW (2006) 65 NSWLR 502 Fitzpatrick v NSW Office of Liquor and Gaming [2010] NSWADT 72 Waterford v The Commonwealth of Australia [1987] HCA 25 Grant v Downs [1976] HCA 63 New South Wales v Jackson (2007) NSWCA 279 Beadle v Director General of Social Security [1984] AATA 176 Obieta v Australian College of Professionals Pty Ltd [2014] NSWCATAP 38 Texts Cited: AIN (Applicant) Medical Council of New South Wales (Respondent) Category: Principal judgment Parties: AIN (Applicant) Medical Council of New South Wales (Respondent) Representation: Counsel: T Brennan (Applicant)