Salmon v Corrective Services NSW [2016] NSWCATAD 257

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Salmon v Corrective Services NSW [2016] NSWCATAD 257 Hearing dates: 19 October 2015; 4 November 2015; 20 November 2015; 10 February 2016 and 24 March 2016 Date of orders: 15 November 2016 Decision date: 15 November 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) The decision under review is set aside. (2) The decision is made that the email response from Marc Riviere to the Manager, Information Access & Privacy United dated on or around 13 December 2013 is released. (3) The application for a referral pursuant to section 112 of the Government Information (Public Access) Act 2009 is refused. (4) The Respondent, and any other person, is prohibited from publishing those headings and paragraphs of these reasons identified as "not for publication". Catchwords: ADMINISTRATIVE LAW – access to government information – access application – whether release would expose a person to a risk of harm or of serious harassment or serious intimidation Legislation Cited: Government Information (Public Access) Act 2009 Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Administration of Sentences) Act 1999 Cases Cited: "B" and Brisbane North Regional Health Authority, Re [1994] QICmr 1; (1994) 1 QAR 279 AEZ v Commissioner of Police NSW Police Force [ 2013] NSWADT 90 Attorney General's Department v Cockcroft (1986) 10 FCR 180 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 McKinnon v Blacktown City Council [2012] NSWADT 44 Salmon v Department of Justice (Corrective Services NSW) [2014] NSWCATAD 160 Searle Australia Pty Limited v Public Interest Advocacy Centre and Another (1992) 108 ALR 163 Smith v Pittwater Council [2016] NSWCATAD 67 Category: Principal judgment Parties: Owen Salmon (Applicant) Corrective Services NSW (Respondent) Representation: Solicitors: Owen Salmon (Applicant in person) Corrective Services NSW (Respondent) File Number(s): 1510405 Publication restriction: See order 4.