O’Sullivan v Medical Council of New South Wales [2015] NSWCATAD 113

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: O'Sullivan v Medical Council of New South Wales [2015] NSWCATAD 113 Hearing dates: 17 March 2015 Decision date: 09 June 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: 1. The decision of the Respondent in Decision 2 is set aside in respect of its decision to withhold information under clause 3 (f) of the Table to section 14 of the GIPA Act. (IPC Ref: 13/R00410 (Document 11)

2. The decision of the Respondent in Decision 1 is set aside in respect of documents: 22, 52, 61 and attachments to documents 4, 46, and 68 (to be disclosed in full) IPC Ref 13/R000589.

3. The remaining 64 partially withheld documents are to have the totals of the invoices disclosed (to the extent that they have been previously withheld). In all other aspects Decision 1 (IPC Ref 13/R000589) is not varied from the agency's decision of 31 October 2014 in respect of the 64 remaining documents - unaffected by order 2 (above). Catchwords: Access to information – weight of evidence –onus on agency to justify decision – evidence to establish how facts should be weighed- right to information - meaning of harass – application of public interest considerations against disclosure – application to be consistent with objects of the Act Legislation Cited: Government Information (Public Access) Act 2009 Freedom of Information Act 1989 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 AEZ v Commissioner of Police [2013] NSWADT 90 AMH v Western New South Wales Local Health District [2014] NSWCATAP 33 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Department of Agriculture and Rural Affairs v Binnie [1989] VR 836 Neary v State Rail Authority [1999] NSWADT 107 Australians for Sustainable Development v Barangaroo Delivery Authority [2013] NSWADT 252. Black v Hunter New England Local Health District & Dr Lattimore (No 2) [2012] NSWADT 235 Edwards v Department of Family and Community Services, Housing NSW (No 2) [2012] NSWADT 273 Leech v Sydney Water Corporation [2010] NSWADT 298 Commissioner of Police NSW Police Force v Camilleri [2012] NSWADTAP Lawrence v Port Stephens Council [2008] NSWADT 243 Category: Principal judgment Parties: Dr Brendan O'Sullivan (Applicant) Medical Council of New South Wales (Respondent) Representation: Counsel: A El-Hage (Applicant)