Miskelly v Transport for NSW [2017] NSWCATAD 207

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Miskelly v Transport for NSW [2017] NSWCATAD 207 Hearing dates: 29 November 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 is set aside.

2. In addition to the information already provided to the applicant, the following information is to be released: the information requested by the applicant as contained in the RailSys database as at 12 April 2016. Catchwords: Government Information (Public Access) – public interest considerations in favour of disclosure – public interest considerations against disclosure – weight of evidence – cumulative effect of additional information - presumption in favour of disclosure not displaced. Legislation Cited: Government Information (Public Access) Act 2009 Transport Administrative Act 1988 Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Cameron v Commissioner of Police (NSW) [2014] NSWCATAD 13 Fire Brigade Union v Fire and Rescue (NSW) [2014] NSWCATAD 13. Flack v Commissioner of Police, NSW Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Miskelly v Transport for NSW [2017] NSWCATAD 75 Saleam v Commissioner of Police, New South Wales Police Service [2002] NSWADT 40 Sobh v Police Force (Vic) [1994] 1 VR 41. Category: Principal judgment Parties: Greg Miskelly (Applicant) Transport for NSW (Respondent) Representation: Counsel: P McKinnon (Applicant) K Sanders (Respondent)