Polden v University of Sydney [2016] NSWCATAD 201

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Polden v University of Sydney [2016] NSWCATAD 201 Hearing dates: 10 March 2016 Date of orders: 02 September 2016 Decision date: 02 September 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) The decision of the University of Sydney to refuse to provide the Applicant with access to salary information regarding the Executive Director of Sydney University Sport and Fitness and the Acting Finance and Administration Manager of Sydney University Sport and Fitness is set aside. (2) In place of that decision, the decision is made that the information is to be released 28 days from the date of this decision. (3) The decision of the University of Sydney is otherwise affirmed. Catchwords: Government Information – access to government information – whether information is held by agency – personal information - whether public interest considerations against disclosure outweigh the public interest considerations favouring disclosure Legislation Cited: Government Information (Public Access) Act 2009 Administrative Decisions Review Act 1997 Privacy and Personal Information Protection Act 1998 University of Sydney Act 1989 Cases Cited: ADCO Constructions Pty Ltd v Goudappel [2014] HCA 18, (2014) 254 CLR 1 Bridge Shipping Pty Ltd v Grand Shipping SA (1991) HCA 45, 173 CLR 231 Commissioner, NSW Police Force v Camilleri [2012] NSWADTAP 19 Farrell v Mulroney [1978] 1 NSWLR 221 Hunter Development Corporation v Save Our Rail NSW Incorporated [2015] NSWCA 346 Lower Burdekin Newspaper Company Pty Ltd and Lower Burdekin Shire Council [2004] QlCmr 2 Luxford v Department of Education and Communities [2016] NSWCATAD 118 Stewart and Department of Transport [1993] QICmr 6; (1993) 1 QAR 227 Category: Principal judgment Parties: Alexander Polden (Applicant) University of Sydney (Respondent) Representation: Counsel: B Tronson (Respondent)