McEwan v Port Stephens Council [2017] NSWCATAD 269

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McEwan v Port Stephens Council [2017] NSWCATAD 269 Hearing dates: 20 March 2017 Date of orders: 08 September 2017 Decision date: 08 September 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The decision under review is affirmed. Catchwords: GOVERNMENT INFORMATION –public interests against disclosure - personal information – risk of harm or serious harassment or serious intimidation - balance of public interest considerations - overriding public interest against disclosure of information Legislation Cited: Government Information (Public Access) Act 2009 Health Records and Information Privacy Act 2002 Privacy and Personal Information Protection Act 1998 Cases Cited: AEZ v Commissioner of Police [2013] NSWADT 90 Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 28 Kanak v NSW Department of Education and Communities [2017] NSWCATAD 206 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Nasr v State of New South Wales [2007] NSWCA 101 Category: Principal judgment Parties: Paul McEwan (Applicant) Port Stephens Council (Respondent) Representation: T Webb (Agent for Applicant)

Solicitors: L Marshall (Respondent) File Number(s): 2016/00378193 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the material filed by the respondents on a confidential basis, to those paragraphs of these reasons identified as [Not for publication], to the evidence given in private before the Tribunal and to the record of that part of the proceedings conducted in private pursuant to section 49. That material is not to be released to either the Applicant or to the public without further order of the Tribunal.