Taylor v Destination NSW [2017] NSWCATAD 272

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Taylor v Destination NSW [2017] NSWCATAD 272 Hearing dates: 26 May 2017 Date of orders: 12 September 2017 Decision date: 12 September 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: Tribunal to set aside the reviewable decision and remit the matter under s65 of the ADR Act with the following orders: (1) Within 7 days, the Respondent is to confirm with the Applicant and Tribunal that the 79 documents produced confidentially to the Tribunal comprise all available information sought by the access application. If this cannot be confirmed, the Respondent is to provide the Tribunal with a copy of any additional information and an updated Table of Documents within that 7 days. (2) Within 7 days, the Respondent is to engage in consultation with all relevant third parties to the information sought by the access application in the following terms: (a) Provide each third party with a copy of the information held by the Respondent sought by the access application, relevant to that third party; (b) Require the third party to identify any objections to the release of that information, and the reasons for those objections, within 14 days. (3) Respondent to issue a reconsideration determination within 28 days, in accordance with these orders and reasons for decision. A copy is to be provided to the Tribunal. (4) Matter listed for directions on 7 November 2017 at 9.30am. Catchwords: ADMINISTRATIVE LAW – GIPA – Access to information – refusal of access – refusal – correct application of public interest test – discharge of onus – confidential information - failure to consult – correct and preferable decision Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Information Commissioner) Act 2009 Government Information (Public Access) Act 2009 Cases Cited: Applicants v Commissioner of Police (NSW) [2015] NSWCATAD 22 Attorney General's Department v Cockcroft [1986] FCA 35; (1986) 10 FCR 180 Battin v University of New England [2013] NSWADT 73 Cianfrano v Director General, Premier's Department [2006] NSWADT 137 Colefax v Department of Education and Communities (NSW) (No 2) [2013] NSWADT 130 Commissioner of Police (NSW) v Camilleri [2012] NSWADTAP 19 Commissioner of Police v Danis [2017] NSWCATAP 7 Flack v Commissioner of Police, NSW Police Force [2011] NSWADT 286 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Leech v Sydney Water Corporation [2010] NSWADT 198 Neary v State Rail Authority [1999] NSWADT 107 Public Service Assn v Premier's Department [2002] NSWADT 277 Roy v Commissioner of Police, NSW Police Force [2012] NSWADT 120 Singh v Legal Aid Commission (No 2) [2015] NSWCATAD 5 Starr v Superannuation Administrative Corporation [2015] NSWCATAD 76 Category: Principal judgment Parties: Andrew Taylor (Applicant) Destination NSW (Respondent) Information Commissioner (Intervenor) Representation: Counsel: M Painter SC (Respondent)