Place v Department of Finance, Services and Innovation [2016] NSWCATAD 278

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Place v Department of Finance, Services and Innovation [2016] NSWCATAD 278 Hearing dates: 30 August, 6 October 2016. Date of orders: 29 November 2016 Decision date: 29 November 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Prof G Walker, Senior Member. Decision: (1) Item 7 is to be released to the applicant. (2) Pages 115 to 122 and 125 to 128 of item 10 are to be released to the applicant. (3) The respondent is to refund the $30 access application fee. (4) Pursuant to s 64 of the CAT Act, paragraphs 18 to 22, 175 and 176 are not for publication or disclosure to the applicant. (5) Exhibit R5 is not to be released or used for any purpose other than these proceedings. (6) The quoted passage in paragraph 173 is not for publication. (7) In all other respects the decision under review is affirmed. Catchwords: GOVERNMENT INFORMATION -- access application -- building certifier's response to complaint – whether to be released – personal factors. Legislation Cited: Administrative Decisions Review Act 1997; Building Professionals Act 2005; Civil and Administrative Tribunal Act 2013; Police Act 1990. Cases Cited: AIN v Medical Council (New South Wales) [2013] NSWADT 112; Applicants v Commissioner of Police, New South Wales Police Force (CoP) [2015] NSWCATAD 22; Attorney-General's Department and Australian Iron and Steel Pty Ltd v Cockcroft [1986] FCA 35; Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252; College of Law Ltd v Australian National University [2013] FCA 492; CoP v Camilleri [2012] NSWADTAP 19; Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409; Donnellan v Ku-ring-gai Council [2013] NSWADT 115; Hearne v Street [2008] HCA 36, (1986) 253 CLR 125; Hurst v Wagga Wagga City Council [2011] NSWADT 307; Kline v Official Secretary to the Governor-General [2013] HCA 52; Luxford v Department of Education and Communities [2016] NSWCATAD 118; Nature Conservation Council of New South Wales v Department of Trade and Investment [2012] NSWADT 195; Pemberton v Macquarie University [2014] NSWCATAD 76; Richards v Commissioner, Department of Corrective Services [2011] NSWADT 98; Searle Australia Pty Ltd v PIAC [1992] FCA 241; Singh v Legal Aid Commission (No. 2) [2015] NSWCATAD 5; Smolenski v Commissioner of Police, New South Wales Police Force (CoP) [2015] NSWCATAP 235; TW v TX [2005] NSWADT 262; Watts v Department of Planning and Environment [2016] NSWCATAD 42; Williams v Department of Industry and Investment [2012] NSWADT 192. Category: Principal judgment Parties: Dr Anthony G Place (Applicant) Department of Finance, Services and Innovation (Respondent) Representation: Solicitors: Dr Anthony G Place (Applicant in person) Department of Finance, Services and Innovation (Respondent) File Number(s): 1610268 Publication restriction: See orders (4) and (5).