Kanak v NSW Department of Education and Communities [2017] NSWCATAD 206

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kanak v NSW Department of Education and Communities [2017] NSWCATAD 206 Hearing dates: 01 September 2016 and 21 October 2016 Date of orders: 26 June 2017 Decision date: 26 June 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Decision: (1) The decision of the respondent on 23 October 2014 to refuse access to information requested by the applicant is set aside.

(2) In substitution for that decision and in addition to any material already released or agreed to be released to the applicant by the respondent, the respondent is to release the following documents (copies of which are contained in the respondent's folder of confidential material received on 21 June 2016):

• Document 2 • Document 4 • Document 5 • Document 6 • Document 7 • Document 8 • Document 10 • Document 11 • Document 12 • Document 13 • Document 14 • Document 15 • Document 16 • Document 17 • Document 18 • Document 19 • Document 20 • Document 21 • Document 23 • Document 24 • Document 25 • Document 26 • Document 27 • Document 30 • Document 31 • Document 34 • Document 35 • Document 37 • Document 38 • Document 39 • Document 40 • Document 42 • Document 44 • Document 46 • Document 47 • Document 48 • Document 50 Catchwords: GIPA ACT- Government Information – access – could reasonably be expected to - reveal personal information - prejudice a person's legitimate business, commercial, professional or financial interests – reveal false or unsubstantiated allegations about a person that are defamatory – disclose personal information about a child that would not be in the best interests of the child to have disclosed - processing charges for dealing with an access application – organisation from which records sought not an agency under the GIPA Act – agency email address used to conduct business for the organisation. Legislation Cited: Government Information (Public Access) Act 2009 Interpretation Act 1987 Supreme Court Act 1970 Vexatious Proceedings Act 2008 Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Bar-Mordecai v State of NSW; Bar-Mordecai v Attorney-General (NSW) (2012) 83 NSWLR 125 CYL v YZA [2016] NSWCATAD 314 at [15]). Clarkin v Newcastle City Council [2013] NSWADT 44 Flack v Commissioner of Police, NSW Police [2011] NSWADT 286 Foster v Federal Commissioner of Taxation (1951) 82 CLR 606 Hurst v Wagga Wagga City Council [2011] NSWADT 307 JD v New South Wales Medical Board [2008] NSWADT 67 Luxford v Department of Education and Communities [2016] NSWCATAD 118 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Nasr v State of New South Wales [2007] NSWCA 101 National Tertiary Education Union v Southern Cross University [2015] NSWCATAD 151 Nature Conservation Council of NSW v Department of Trade and Investment, Regional Infrastructure and Services [2012] NSWADT 195 R v Ritson; R v Stacey (2010) NSWDC 160 Richards v Commissioner, Department of Corrective Services [2011] NSWADT 98 ZR v NSW Department of Education and Training [2009] NSWADT 84 Category: Principal judgment Parties: Dominic Wy Kanak (Applicant) NSW Department of Education and Communities (Respondent) Representation: Counsel: S Palaniappan (Respondent