Sinclair v Psychology Council of NSW [2017] NSWCATAD 8

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sinclair v Psychology Council of NSW [2017] NSWCATAD 8 Hearing dates: 8 July 2016, 5 August 2016 Date of orders: 13 January 2017 Decision date: 13 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: R Perrignon, Senior Member Decision: (1) The decision of the First Respondent made on 22 July 2015 is set aside.

(2) The matter is remitted to the First Respondent for reconsideration.

(3) The First Respondent is to file and serve a copy of its reconsidered decision on or before 14 February 2017.

(4) In reconsidering the matter, the First Respondent is to ask the Health Care Complaints Commission (if it has not already done so) whether it consents to access, and take into account the Tribunal's finding that the Applicant's letter of 4 October 2010 is "excluded information" of the Health Care Complaints Commission, in respect of which there is a conclusive presumption of an overriding public interest against disclosure.

(5) The Registrar is requested to list the matter for case conference on 28 February 2017.

(6) Grant leave to the First Respondent to apply to vary these orders if, prior to 21 December 2016, it had already asked the Health Care Complaints Commission whether it consents to access, provided that it first files and serves evidence of that request and the response. Legislation Cited: Administrative Review Act 1997 Government Information (Public Access) Act 2009 Health Care Complaints Act 1993 Category: Principal judgment Parties: Laura Sinclair (Applicant) Psychology Council of New South Wales (1st Respondent) Alistair Scott (2nd Respondent) Representation: Counsel: J Masur, (Applicant) I Martin, (1st Respondent) A Scott (2nd Respondent) File Number(s): 1510555 Publication restriction: The disclosure, publication or broadcast of any oral or written evidence or submissions lodged with, or given to, the Tribunal in confidence is prohibited, except to the First Respondent.