P v Western NSW Local Health District [2016] NSWCATAD 109

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: P v Western NSW Local Health District [2016] NSWCATAD 109 Hearing dates: On the papers Date of orders: 07 June 2016 Decision date: 07 June 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: (1) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 and of its own motion the Tribunal, until further order, restricts the disclosure of the applicant's name.

(2) Set aside the decision under review, and remit it to the Agency for reconsideration in accordance with these reasons, such reconsideration to be completed within 30 days of publication.

(3) Liberty to apply with respect to order 1 within 14 days of publication. Catchwords: Government information public access – review of decision – overriding presumption of a public interest consideration against disclosure due to client legal privilege – consideration of whether pubic interest requires non-disclosure of personal information – consideration of whether public interest requires the non-disclosure of information because it is reasonably likely to prejudice any person's legitimate business, commercial, professional or financial interests – anonymity of applicant – consideration of effect of prior decisions restricting disclosure of applicants identity – further order restricting disclosure of applicants name made. Legislation Cited: Civil and Administrative Decisions Tribunal Act 2013 Government Information (Public Access) Act 2009 Evidence Act 1995 Freedom of Information Act 1987 Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180 AWB v Cole [2006] FCA 1234 Beer v Commissioner of Police NSW Police Force [2013] NSWADT 243 Camilleri v Commissioner of Police, New South Wales Police Force [ [2012] NSWADT 5 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 28 McKinnon v Secretary, Department of Treasury [2006] HCA 45 P v Greater Western Area Health Service [2007] NSWADT 87 P v Greater Western Area Health Service (GD) [2007] NSWADTAP 57 Pratt Holdings Pty Ltd v Commissioner of Taxation (2004) 136 FCR 357 Shepherd and the Department of Housing, Local Government and Planning (1994) QI Cmr 7; 1 QAR 464 Serag v Commissioner of Police, NSW Police Force [2015] NSWCATAD 67 XZ v Commissioner of Police, NSW Police Force [2009] NSWADTAP 2 Texts Cited: Office of the Information Commissioner Guideline 4 – Personal information as a public interest consideration under the GIPA Act Category: Principal judgment Parties: P (Applicant) Western NSW Local Health District (Respondent) Representation: Solicitors: P (Applicant in person) Henry Davis York (Respondent) File Number(s): 1510470 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 and of its own motion the Tribunal, until further order, restricts the disclosure of the applicant's name.