Tebbutt v Minister for Lands and Water [2015] NSWCATAD 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tebbutt v Minister for Lands and Water [2015] NSWCATAD 95 Hearing dates: On the papers Decision date: 12 May 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Lucy, Senior Member Decision: 1. The respondent's name is to be changed to Minister for Lands and Water.

2. The respondent's decision to refuse to provide access to the redacted information at pages 9-12, 19, 43, 86, 93-95, 131, 137, 203, 205 and 207 of the respondent's materials, filed on 19 December 2014, and to refuse to provide access to that information where it is duplicated in the respondent's materials, is affirmed.

3. The respondent's decision to refuse to provide access to the redacted information at page 119 of the respondent's materials, filed on 19 December 2014, is set aside, and, in substitution, a decision is made to provide the applicants with access to that information. Catchwords: GOVERNMENT INFORMATION - Conclusive presumption of overriding public interest against disclosure – Information that would be privileged from production on the ground of client legal privilege – Meaning of "client" – Whether a Minister is the State for the purposes of the definition of "client" in the Evidence Act 1995 GOVERNMENT INFORMATION - Conclusive presumption of overriding public interest against disclosure – Information subject to parliamentary privilege – Scope of parliamentary privilege - Whether information in house notes prepared for a standing committee is subject to parliamentary privilege Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Administrative Arrangements (Administrative Changes—Ministers) Order 2015 (NSW) Evidence Act 1995 (NSW) Public Sector Employment and Management Act 2002 (NSW) Interpretation Act 1987 (NSW) Crown Proceedings Act 1988 (NSW) Constitution Act 1902 (NSW) Parliamentary Privileges Act 1987 (Cth) Bill of Rights 1688 (1 Will and Mary Sess 2 c 2) (Imp) Imperial Acts Application Act 1969 (NSW) Cases Cited: Starr v Superannuation Administration Corporation [2015] NSWCATAD 76 Fitzpatrick v NSW Office of Liquor and Gaming [2010] NSWADT 72 Colefax v Department of Education and Communities [2013] NSWADT 75 Mann v Carnell (1999) 201 CLR 1 Re OPEL Networks Pty Ltd (in liq) (2010) 77 NSWLR 128 Stewart v Ronalds (2009) 76 NSWLR 99 Hamilton v Al Fayed [1999] 3 All ER 317 Rowan v Cornwall (No 5) [2002] SASC 160 Sportsbet Pty Ltd v State of New South Wales (No 3) (2009) 262 ALR 27 R v Murphy (1986) 5 NSWLR 18 R v Theophanous (2003) 141 A Crim R 216 R v Jackson; R v Hakim (1987) 8 NSWLR 116 Slipper v Magistrates Court of the ACT (2014) 179 ACTR 1 Prebble v Television New Zealand Ltd [1994] 3 All ER 407 Category: Principal judgment Parties: Martin Tebbutt (First Applicant) Marion Tebbutt (Second Applicant) Minister for Lands and Water (Respondent) Representation: Solicitors M Tebbutt and M Tebbutt (Applicants in person) Crown Solicitor's Office (Respondent) File Number(s): 1410494