Starr v Superannuation Administration Corporation [2015] NSWCATAD 76

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Starr v Superannuation Administration Corporation [2015] NSWCATAD 76 Hearing dates: On the papers Decision date: 15 April 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Lucy, Senior Member Decision: 1. The name of the respondent is changed from Pillar Administration to Superannuation Administration Corporation.

2. The decision of the respondent is set aside and the following decision is made in substitution for it: The respondent is to provide the applicant with access to information contained in the two page document sent by the SAS Trustee Corporation to the respondent which is referred to in these reasons, other than the third to eighth paragraphs of that document, within 28 days of the date of this decision. Access to the remainder of the information sought (including in any attachment to that document) is refused. Catchwords: Access to information – Client legal privilege – Whether common law or Evidence Act 2005 applies to overriding public interest against disclosure on the basis of client legal privilege (legal professional privilege) - Advice privilege – Whether privilege waived by provision of advice to a third party Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Evidence Amendment Act 1997 (NSW) Superannuation Administration Authority Corporatisation Act 1999 (NSW) Superannuation Administration Act 1996 (NSW) Cases Cited: Tziolas v NSW Department of Education and Communities [2012] NSWADT 69 Choy v Willoughby City Council [2012] NSWADT 277 SL v University of Sydney [2011] NSWADT 65 at [17]-[20]. Fitzpatrick v NSW Office of Liquor and Gaming [2010] NSWADT 72 Colefax v Department of Education and Communities [2013] NSWADT 75 Hargreaves v University of New England [2013] NSWADT 233 Director General, Attorney General's Department v Cianfrano [2006] NSWADTAP 26 Chan v Department of Education and Training [2010] NSWADTAP 7 Eric Preston Pty Ltd v Euroz Securities Ltd [2009] FCA 240 Chamley v Sydney Children's Hospital Network [2013] NSWADT 197 Telstra Corporation Ltd v Minister for Communications, Information Technology and the Arts (No 2) [2007] FCA 1445 Category: Principal judgment Parties: John Starr (Applicant) Superannuation Administration Corporation (Respondent) Representation: Solicitors: J Starr (Applicant in person) Legal Office of Superannuation Administration Corporation (Respondent) File Number(s): 1410673