Meldru v Wollondilly Shire Council [2017] NSWCATAD 292

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Meldru v Wollondilly Shire Council [2017] NSWCATAD 292 Hearing dates: 22 and 23 June 2017 Date of orders: 29 September 2017 Decision date: 29 September 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: (1) The Respondent's decision of 15 November 2016, to the extent that it withheld access to the 2016 video footage identified as TRIM 9100, is set aside.

(2) In substitution, in accordance with these reasons, the Tribunal orders the Respondent to provide a copy of the 2016 video footage to the Applicant, edited to de-identify those members of the public whose facial features are visible, within 28 days. Catchwords: ADMINISTRATIVE LAW – government information – access application – CCTV footage - balancing exercise – personal factors – public interest considerations - personal information. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 Cases Cited: Attorney General's Department v Cockcroft [1986] FCA 35; (1986) 10 FCR 180 Battin v University of New England [2013] NSWADT 73 Commissioner of Police, NSW Police Force v Field [2016[ NSWCATAP 59 Flack v Commissioner of Police, NSW Police Force [2011] NSWADT 286 Hall v Department of Premier and Cabinet (NSW) [2012] NSWADT 46 Johnson v Commissioner of Police, NSW Police Force [2017] NSWCATAD 59 Leech v Sydney Water Corporation [2010] NSWADT 198 Roy v Commissioner of Police, NSW Police Force [2012] NSWADT 120 Sawires v Commissioner of Police, NSW Police Force [2010] NSWADT 10 Category: Principal judgment Parties: Kelli Meldru (Applicant) Wollondilly Shire Council (Respondent) Representation: Solicitors: In Person (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2017/00022598 Publication restriction: None