McKean v Department of Justice [2016] NSWCATAP 93

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McKean v Department of Justice [2016] NSWCATAP 93 Hearing dates: 15 December 2015 Date of orders: 28 April 2016 Decision date: 28 April 2016 Jurisdiction: Appeal Panel Before: O'Connor AM, ADCJ, Deputy President Appeals J McAteer, Senior Member Decision: Appeal dismissed Catchwords: GOVERNMENT INFORMATION (PUBLIC ACCESS) – Agency refusal to disclose to student material relating to examination process – Affirmed by Tribunal – Appeal – Weighing by Tribunal of pubic interest considerations for and against disclosure – Nature of discretionary task -Whether Tribunal erred in law – Held not –Leave to extend appeal to other grounds refused – Appeal dismissed. Legislation Cited: Government Information (Public Access) Act 2009 (GIPA Act) Government Information (Public Access) Regulation 2009 Cases Cited: Legal Profession Act 2004

Collins v Urban [2014] NSWCATAP 17 Haritos v Commissioner of Taxation [2015] FCAFC 92 House v R [1936] HCA 40; (1936) 55 CLR 499 McKean v University of Melbourne [2007] VCAT 1310 Re James and ors and Australian National University (1984) 6 ALD 687, Redfern and University of Canberra (1995) 38 ALD 457). Category: Principal judgment Parties: Zane McKean (Appellant) Department of Justice (Respondent) Representation: In person (Appellant) Crown Solicitor's Office (Respondent) File Number(s): 15/53764 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: McKean v Attorney General & Justice [2015] NSWCATAD 176 Date of Decision: 24 August 2015 Before: J Kinross, Senior Member File Number(s): 1410640, 1410716, 1410502, 1510124