Watts v Department of Planning and Environment [2016] NSWCATAD 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Watts v Department of Planning and Environment [2016] NSWCATAD 42 Hearing dates: 30 October 2015 Date of orders: 03 March 2016 Decision date: 03 March 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: 1. The decision of the respondent is set aside. 2. The respondent is to release the documents as described in accordance with the orders at the conclusion of this decision. Catchwords: Government Information –Cabinet information - Public Interest considerations in favour of disclosure – Public interest considerations against disclosure – Weight of evidence – Deliberative process – Prejudice – Transparency of decision making process – Absence of evidence Legislation Cited: Freedom of Information Act 1989 Government Information (Public Access) Act 2009 Cases Cited: 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 Commissioner of Police NSW Police Force v Camilleri [2012] NSWADTAP 19 Re Waterford and Department of Treasury (no 2) ((1984) 1 AAR 1 Murphy v Broken Hill City Council [2015] NSWCATAD 135 Hutchinson v Walcha Shire Council [2015] NSWCATAD132 AQJ v University of New South Wales [2013] NSW ADT 306. Category: Principal judgment Parties: John Watts (Applicant) Department of Planning and Environment (Respondent) Representation: Counsel: A Edwards (Applicant)