McGann v Superannuation Administration Corporation [2017] NSWCATAD 239

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McGann v Superannuation Administration Corporation [2017] NSWCATAD 239 Hearing dates: 24 May 2017 Date of orders: 04 August 2017 Decision date: 04 August 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: The application is dismissed. Catchwords: ADMINISTRATIVE LAW – government information – jurisdiction of Tribunal – definition of public authority Legislation Cited: Civil and Administrative Tribunal Act 2013 Corporations Act 2001 Evidence Act 1995 Police Regulation (Superannuation) Act 1906 State Owned Corporations Act 1989 Superannuation Administration Act 1987 Superannuation Administration Corporation (Pillar) (Authorised Transaction) Act 2016 Statute Law Miscellaneous Provisions Act 2017. Category: Principal judgment Parties: M P McGann (Applicant) Superannuation Administration Corporation trading as Pillar Administration NSW (Respondent) Representation: Counsel: Mr B Koch (Respondent)

Solicitors: Lander and Rogers (Respondent) File Number(s): 2017/00015997

reasons for decision 1. In these proceedings the applicant seeks review of a decision made by the respondent, the Superannuation Administration Corporation trading as Pillar Administration (Pillar), under the Government Information (Public Access) Act 2009 ("the GIPA Act"), to refuse the applicant access to information held by it. 2. The main issues raised before the Tribunal were: 1. whether legal professional privilege (client legal privilege) applied to the documents, and if so, whether that privilege had been lost pursuant to s 125 of the Evidence Act 1995. 2. Whether the search conducted by Pillar was sufficient. 1. Pillar also raised a preliminary issue relating to jurisdiction, concerning whether it is an "agency" to which the GIPA Act applies.