Amos v Western NSW Local Health District [2017] NSWCATAD 176

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Amos v Western NSW Local Health District [2017] NSWCATAD 176 Hearing dates: 10 May 2017 Date of orders: 29 May 2017 Decision date: 29 May 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: (1) The Respondent is to provide the Applicant with a list of witnesses upon whose evidence it relies within 3 days; (2) The Respondent is to provide the Applicant with an "open" affidavit or statement from each witness upon whose evidence it relies within 3 days; (3) Pursuant to s.107(3) of the Government Information (Public Access) Act 2009 (NSW) ("GIPA Act"), the Tribunal will receive the unredacted Investigation Report and "closed" witness statements in the absence of the public, the Applicants and the Applicants' legal representatives; (4) Pursuant to s.107(3) of the GIPA Act, the Tribunal will hear argument at the substantive hearing regarding the unredacted Investigation Report, interview transcripts and "closed" witness statements in the absence of the public, the applicants and the applicants' legal representatives. Catchwords: Preliminary hearing – disclosure - confidentiality – absence of the public, applicant, and applicant's representatives. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Black v New England Local Health District [2011] NSWADT 295 BGC (Australia) Pty Ltd v Freemantle Port Authority (2003) 28 WAR 187 Category: Procedural and other rulings Parties: David Amos (Applicant in 2016/378450) Ruth Arnold (Applicant in 2016/378451) Western NSW Local Health District (Respondent) Representation: Counsel: V Bulut (Applicants) N Sharp (Respondent)