Turner v NSW Health Pathology, Forensic & Analytical Science Service [2017] NSWCATAD 114

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Turner v NSW Health Pathology, Forensic & Analytical Science Service [2017] NSWCATAD 114 Hearing dates: 8 November 2016 Date of orders: 11 April 2017 Decision date: 11 April 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: (1) Set aside the administratively reviewable decision of 15 June 2016 and remit the matter for reconsideration by the Respondent in accordance with these reasons, such reconsideration to be completed within 45 days of the publication of these reasons. (2) Direct the Respondent to conduct specified additional searches referred to at paragraph [55], and provide the following to the Applicant and the Tribunal within 21 days: (i) access to any documents or information resulting from those searches which have not already been provided to the Applicant; (ii) a statement from each person who conducts any of those searches identifying: what searches are conducted, where and how those searches are conducted, and what information or documents, if any, resulted from those searches. (3) The application for a referral pursuant to section 112 of the Government Information (Public Access) Act 2009 is refused. (4) The matter is listed for directions on 31 May 2017 at 10am. Catchwords: ADMINISTRATIVE REVIEW - Government Information – validity of access application - reasonableness of searches – access to personal information - public interest considerations in favour of disclosure – public interest considerations against disclosure – personal information – balancing exercise – inconsistencies - allegations of impropriety and unlawfulness - request for referral to Minister – jurisdiction Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Crimes (Forensic Procedures) Act 2000 Government Information (Public Access) Act 2009 Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act 1998 Cases Cited: Attorney General's Department v Cockcroft [1986] FCA 35; (1986) 10 FCR 180 Battin v University of New England [2013] NSWADT 73 Beesly v Commissioner of Police, New South Wales Police Service [2002] NSWADT 52 BY v Director General, Attorney-General's Department [2002] NSWADT 79 Camilleri v Commissioner of Police [2012] NSWADT 5 Cianfrano v Department of Commerce (No 2) [2006] NSWADT 195 Flack v Commissioner of Police, NSW Police Force [2011] NSWADT 286 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Hula v Commissioner of Police (NSW) [2013] NSWADT 153 Leech v Sydney Water Corporation [2010] NSWADT 198 Miriani v Commissioner of New South Wales Police [2005] NSWADT 187 Neary v State Rail Authority [1999] NSWADT 107 Public Service Assn v Premier's Department [2002] NSWADT 277 Roy v Commissioner of Police, NSW Police Force [2012] NSWADT 120 Saggers v Environment Protection Authority [2013] NSWADT 204 Shoebridge v The Office of the Minister for Police and Emergency Services [2014] NSWCATAD 189 Stanley v Roads and Maritime Services (NSW) [2014] NSWCATAD 123 Turner v Commissioner of Police, NSW Police Force [2016] NSWCATAD 303 Zonnevylle v NSW Department of Finance & Services [2016] NSWCATAD 47 Category: Principal judgment Parties: Donovan Bruce Turner (Applicant) NSW Health Pathology, Forensic & Analytical Science Service (Respondent) Representation: Donovan Bruce Turner (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 2016/00377934, 1610152