Smith v Pittwater Council [2016] NSWCATAD 67

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smith v Pittwater Council [2016] NSWCATAD 67 Hearing dates: 1 December 2015 Date of orders: 12 April 2016 Decision date: 12 April 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The decision under review is set aside 2. The decision is made that the withheld information is to be released to the Applicant except as provided for in these reasons. Catchwords: Government Information Public Access - confidential information - personal information - information provided to an agency in confidence - whether expected expose a person to risk of harm or of serious harassment or serious intimidation - balance of public interest considerations - sufficiency of search Legislation Cited: Government Information (Public Access) Act 2009 Freedom of Information Act 1989 Cases Cited: AEZ v Commissioner of Police NSW Police Force [2013] NSWADT 90 Attorney General's Department v Cockcroft (1986) 10 FCR 180 Camilleri v Commissioner of Police NSW Police Force [2012] NSWADT 5 Cianfrano v Director General Department of Commerce and anor (No 2) [2006] NSWADT 195 Commissioner of Police v Camilleri [2012] NSWADTAP 19 Crewdson v Central Sydney Area Health Service [2002] NSWCA 345 Director General, Department of Education & Training v Mullett & anor (GD) [2002] NSWADTAP 13 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Kreutzer v University of Sydney [2015] NSWCATAD 270 McKinnon v Blacktown City Council [2012] NSWADT 44 Raven v The University of Sydney [2015] NSWCATAD 104 Shepherd and Department of Housing, Local Government and Planning [1994] QICmr 7; (1994) 1 QAR 464 Williams v Department Industry and Investment [2012] NSWADT 192 Category: Principal judgment Parties: Ross Smith (Applicant) Pittwater Council (Respondent) Representation: R Smith (Applicant in person) Pittwater Council (Respondent in person) File Number(s): 1510476