Raven v The University of Sydney [2015] NSWCATAD 104

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Raven v The University of Sydney [2015] NSWCATAD 104 Hearing dates: 2 March 2015 Decision date: 21 May 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Lucy, Senior Member Decision: The respondent's decision to refuse access to the information sought by the applicant is affirmed. Catchwords: ADMINISTRATIVE REVIEW - government information - public access – public interest considerations in favour of disclosure – enhance government accountability – contribute to positive and informed debate – substantiate that an agency has engaged in negligent conduct - prescribed public interest considerations against disclosure - prejudice the supply of confidential information - prejudice the effective exercise of an agency's functions - disclose information provided in confidence - undermine competitive neutrality in connection with an agency's functions - prejudice the conduct, effectiveness or integrity of any research by revealing its purpose, conduct or results GOVERNMENT INFORMATION – application by agency for Tribunal to hear and receive argument in absence of the public and the applicant - confidentiality orders – satisfaction that it is desirable to make orders by reason of confidential nature of evidence Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Administrative Decisions Review Act 1997 (NSW) National Health and Medical Research Council Act 1992 (Cth) Freedom of Information Act 1989 (NSW) University of Sydney Act 1989 (NSW) Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Crewdson v Central Sydney Area Health Service [2002] NSWCA 345 Nature Conservation Council of NSW v Department of Trade and Investment Regional Infrastructure and Services [2012] NSWADT 195 Salmon v Department of Justice (Corrective Services New South Wales) [2014] NSWCATAD 160 Commissioner of Police NSW Police Force v Camilleri [2012] NSWADTAP 19 Director General, Department of Education & Training v Mullett [2002] NSWADTAP 13 Macquarie University v Howell (No 2) [2009] NSWADTAP 19 Hynes v General Manager, Hawkesbury City Council [2004] NSWADT 135 Manly v Ministry of Premier and Cabinet (1995) 14 WAR 550 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252 Cameron v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 13 Fire Brigade Employees' Union v Fire and Rescue NSW [2014] NSWCATAD 113 Category: Principal judgment Parties: Melissa Raven (Applicant) University of Sydney (Respondent) Representation: Counsel: B Tronson (Respondent)