Hutchinson v Walcha Shire Council [2015] NSWCATAD 132

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hutchinson v Walcha Shire Council [2015] NSWCATAD 132 Hearing dates: 2 April 2015 Decision date: 26 June 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: The decision of the respondent is affirmed. Catchwords: Government Information – Legal professional privilege - Public Interest considerations in favour of disclosure – Public interest considerations against disclosure – Weight of evidence – Quality of evidence – Undertakings – Objects to limit restriction of access – Whether guarantees and conditions on use of information appropriate in current form. Legislation Cited: Evidence Act 1995 (NSW) Freedom of Information Act 1989 Government Information (Public Access) Act 2009 Independent Commission Against Corruption Act 1988 Local Government Act 1993 Public Interest Disclosures Act 1994 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 Leech v Sydney Water Corporation [2010] NSWADT 298 AMH v Western New South Wales Local Health District [2014] NSWCATAP 33 Hurst v Wagga Wagga City Council [2011] NSWADT 307 MJ v Department of Education and Commerce [2013] NSWADT 213 Commissioner of Police NSW Police Force v Camelliri [2012] NSWADTAP 19 Texts Cited: Robinson, New South Wales Administrative Law (NSWAL service) Category: Principal judgment Parties: Rowan Hutchinson (Applicant) Walcha Shire Council (Respondent) Representation: Solicitors: R Hutchinson (Applicant in person) Sparke Helmore Lawyers (Respondent) File Number(s): 1410690