Adams v Department of Family and Community Services [2016] NSWCATAD 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Adams v Department of Family and Community Services [2016] NSWCATAD 46 Hearing dates: 22 October 2015 Date of orders: 08 March 2016 Decision date: 08 March 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the respondent is set aside.

(2) In addition to any material already released to the applicant by the respondent, the respondent is to release the material identified at paragraphs 28 and 29 of these reasons.

(3) In addition to any material already released to the applicant by the respondent, the respondent is to release the material identified at paragraphs 38 to 50 (inclusive) of these reasons. Catchwords: GIPA Act – Government Information – Access – Ability of Tribunal to enquire – Section 29 Certificate CARE Act – Whether respondent has discharged onus in respect of schedule 1 GIPA Act – Care proceedings. Legislation Cited: Administrative Decisions Review Act 1997 Children and Young Persons (Care and Protection) Act 1998 Government Information (Public Access) Act 2009 Cases Cited: Dewhirst v Department of Family and Community Services [2015] NSWCATAD 20 The Application of the Attorney General for New South Wales dated 4 April 2014 [2014] NSWCCA 251 Adams v Department of Family and Community Services 2015 NSWCATAD Unreported 22 October 2015. Director General Department of Family and Community Services v FEW [2013] NSWSC 1448 Category: Principal judgment Parties: D Adams (Applicant) Department of Family and Community Services (Respondent) Representation: Solicitors: CBD Law (Applicant) Ellis McLachlan Solicitors (Respondent) File Number(s): 1510195