Luxford v Department of Education and Communities [2016] NSWCATAD 118

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Luxford v Department of Education and Communities [2016] NSWCATAD 118 Hearing dates: 19 October 2015, 2 November 2015 Date of orders: 17 June 2016 Decision date: 17 June 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The decision under review is affirmed. Catchwords: Access to government information - overriding public interest against disclosure - personal information - information provided to an agency in confidence - information provided to the agency during an investigation - prejudice supply of confidential information - prejudice effective exercise of agency's functions Legislation Cited: Government Information (Public Access) Act 2009 Civil And Administrative Tribunal Act 2013 Freedom of Information Act 1989 Cases Cited: AMH v Western New South Wales Local Health District [2013] NSWADT 282 Attorney General's Department v Cockcroft (1986) 10 FCR 180 Cameron v Commissioner of Police, NSW Police Force [2014] NSWCATAD 13 Camilleri v Commissioner of Police (NSW) [2013] NSWADT 80 Cheney v Mid North Coast Local Health District [2014] NSWCATAD 220 Commissioner of Police (NSW) v Camilleri [2012] NSWADTAP 19 Cousins v Ambulance Service (NSW) [2014] NSWCATAD 48 Department of Education and Training v Mullett (No 2) [2002] NSWADTAP 29 Director General, Department of Education & Training v Mullett & anor (GD) [2002] NSWADTAP 13 Fahey v NSW Office of Liquor, Gaming and Racing [2012] NSWADT 181 Fire Brigade Employees' Union v Fire and Rescue NSW [2014] NSWCATAD 113 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Jenkinson v Department of Education and Communities [2013] NSWADT 280 Leda Developments Pty Limited v Tweed Shire Council [2013] NSWADT 121 Macquarie University v Howell (No 2) [2009] NSWADTAP 19 Mansfield v Department of Family and Community Services (NSW) [2014] NSWCATAD 43 McInnes v Department of Education and Training [2013] NSWADT 219 McKinnon v Blacktown City Council [2012] NSWADT 44 McKinnon v Department of Treasury [2006] HCA 45 Office of Liquor, Gaming and Racing v Fahey [2012] NSWADTAP 55 Public Service Association and Professional Officers Association, Amalgamated Union of NSW v Director General, Premier's Department [2002] NSWADT 277 Re B and Brisbane North Regional Health Authority [1994] QICmr 1; (1993) 1 QAR 279 Re Waterford and Department of the Treasury (No 2) (1984) 5 ALD 588 Searle Australia Pty Limited v Public Interest Advocacy Centre and Another (1992) 108 ALR 163 Singh v Legal Aid Commission (No. 2) [2015] NSWCATAD 5 Williams v Department Industry and Investment [2012] NSWADT 192 Category: Principal judgment Parties: Warren Luxford (Applicant) Department of Education and Communities (Respondent) Representation: Solicitors: W Luxford (Applicant in Person) Crown Solicitors Office (Respondent) File Number(s): 1510219 Publication restriction: Section 64 of the Civil And Administrative Tribunal Act 2013 applies to those paragraphs of these reasons identified as [not for publication]. Those paragraphs are not to be released to either the Applicant or to the public.