Siu v Department of Family and Community Services [2016] NSWCATAD 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Siu v Department of Family and Community Services [2016] NSWCATAD 115 Hearing dates: On the papers Date of orders: 10 June 2016 Decision date: 10 June 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J Lucy, Senior Member Decision: 1. The respondent's decision to refuse to provide access to information is varied in accordance with paragraphs 32, 77, 78, 79, 80 and 85 of this decision, and the respondent is to provide the applicant with access to information in accordance with those paragraphs within 28 days of the date of this decision. Catchwords: GOVERNMENT INFORMATION – Access to information – Decision to refuse access – Conclusive presumption of overriding public interest against disclosure - Whether information contained in a report to which s 29 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) applies – Tribunal entitled to go behind a s 29(1A) certificate to examine contents of documents – Application of s 29 to information provided before commencement of Children (Care and Protection) Act 1987 PUBLIC INTEREST CONSIDERATIONS IN FAVOUR OF DISCLOSURE – Personal factors of the application – Circumstance that applicant was in foster care for most of her childhood – Motive of seeking legal advice on claims of abuse in care – Whether Tribunal is entitled to consider strength of prospective claims when taking applicant's motives into account PUBLIC INTEREST CONSIDERATIONS AGAINST DISCLOSURE – Confidential information considerations – Evidence required for respondent to discharge onus – No evidence concerning prejudice to supply of confidential information – Circumstances in which Tribunal may draw inferences from documents – Personal information consideration – Personal information of a child – Whether this consideration applies where child at date information created has become an adult BALANCING OF PUBLIC INTEREST CONSIDERATIONS – Weight of public interest considerations against disclosure diminished by effluxion of time – Personal factors of the application where applicant a foster child favour provision of access to information concerning biological parents Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Children (Care and Protection) Act 1987 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Administrative Decisions Review Act 1997 (NSW) Children and Young Persons (Savings and Transitional) Regulation 2000 (NSW) Cases Cited: Adams v Department of Family and Community Services [2016] NSWCATAD 46 Dewhirst v Department of Family and Community Services [2015] NSWCATAD 13 Hurst v Wagga Wagga City Council [2011] NSWADT 307 McKinnon v Blacktown City Council [2012] NSWADT 44 Commissioner of Police NSW Police Force v Camilleri [2012] NSWADTAP 19 Raven v The University of Sydney [2015] NSWCATAD 104 Gama v Qantas Airways Limited (No 2) [2006] FMCA 1767 State of NSW (NSW Police Force) v Whitfield [2012] NSWADTAP 27 G v H (1994) 181 CLR 387 Carr v Baker (1936) 36 SR (NSW) 301 Jones v Dunkel (1959) 101 CLR 298 Nature Conservation Council of NSW v Department of Trade and Investment, Regional Infrastructure and Services [2012] NSWADT 195 Field v Commissioner of Police, New South Wales Police Force [2015] NSWCATAD 153 Commissioner of Police, NSW Police Force v Field [2016] NSWCATAP 59 Category: Principal judgment Parties: Jodie Siu (Applicant) Department of Family and Community Services (Respondent) Representation: Solicitors: Wyatt Lawyers & Advisers (Applicant) Department of Family and Community Services (Respondent in person) File Number(s): 1410641 and 1410663