Walker v Pittwater Council [2016] NSWCATAD 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Walker v Pittwater Council [2016] NSWCATAD 78 Hearing dates: 16 February 2016 Date of orders: 27 April 2016 Decision date: 27 April 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: Approval is granted to Mr Walker to lodge an application with the Pittwater Council under the Government Information (Public Access) Act 2009 in the terms set out in these reasons. Catchwords: ADMINISTRATIVE LAW – access to government information – restraint order in place – leave required for applicant to apply for access to information under Government Information (Public Access) Act 2009 – two applications lodged for approval – relevant considerations when exercising discretion to approve or not approve applications Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 63 Civil and Administrative Tribunal Act 2013 (NSW), s 29 Freedom of Information Act 1982 (Cth), s 89K Government Information (Public Access) Act 2009 (NSW), s 3, s 55, s 58, s 72, s 109, s 110 Cases Cited: Assal v Department of Health Housing and Community Services, (1992) EOC 92-409, 78,897 Gauci v Kennedy [2006] FCA 869 Langley v Niland [1981] 2 NSWLR 104 Lo v Chief Commissioner of State Revenue [2013] NSWCA 180; 87 ALJR 618 Margan v University of Technology, Sydney [2003] NSWADTAP 65 Minister for Immigration and Citizenship v Li [2013] HCA 18 Pittwater Council v Walker [2015] NSWCATAD 34 Pridmore v Magenta Nominees Pty Ltd [1999] FCA 152 R v Australian Broadcasting Tribunal; Ex parte 2hd Pty Ltd [1979] HCA 62; (1979) 144 CLR 45 Rana v University of South Australia [2004] FCA 559; (2004) 136 FCR 344 Salemi v MacKellar (No 2) (1977) 137 CLR 396; 14 ALR 1 State Electricity Commission of Victoria v Rabel [1998] 1 VR 102 Walker v Pittwater Council [2015] NSWCATAD 222 Texts Cited: Rees Rice and Allen, Australian Anti-Discrimination Law (2nd ed 2014, The Federation Press) Category: Procedural and other rulings Parties: Philip Walker (Applicant) Pittwater Council (Respondent) Representation: P Walker (self-represented) S Gallery (Respondent) File Number(s): 1510807 and 1510808 Publication restriction: Nil