DDT v Charles Sturt University [2017] NSWCATAD 329

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DDT v Charles Sturt University [2017] NSWCATAD 329 Hearing dates: 19 July 2017 Date of orders: 13 November 2017 Decision date: 13 November 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: DAC Robertson, Senior Member Decision: The decision under review is affirmed Catchwords: Government Information (Public Access) – Application for release of report of investigation into an allegation of academic misconduct – application made by person who had made allegation – disclosure would prejudice the exercise of agency's functions – disclosure would reveal personal information and infringe information privacy principle – disclosure would reveal unsubstantiated allegations that are defamatory – disclosure would expose a person to the risk of serious harassment and intimidation – personal factors relevant to public interest considerations Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Charles Sturt University Act 1989 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information Public Access Act 2009 (NSW) Ombudsman Act 1974 (NSW) Privacy and Personal Information Protection Act (NSW) 1998 Cases Cited: Hurst v Wagga Wagga City Council [2011] NSWADT 307 Leech v Sydney Water Corporation [2010] NSWADT 298 Neary v State Rail Authority [1999] NSWADT 107 Category: Principal judgment Parties: DDT: (Applicant) Charles Sturt University: (Respondent) Representation: Counsel: Mr G Fredericks (Respondent)