Amos v Western NSW Local Health District; Arnold v Western NSW Local Health District [2017] NSWCATAD 359

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Amos v Western NSW Local Health District; Arnold v Western NSW Local Health District [2017] NSWCATAD 359 Hearing dates: 28-29 August 2017 and 12 September 2017 Date of orders: 06 December 2017 Decision date: 06 December 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: (1) The decision under review is affirmed.

(2) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013, paragraphs [29] to [34], [51] and [61] of these reasons are not to be published.

(3) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013, any confidential evidence filed with the Tribunal or given in a confidential hearing pursuant to s 107 of the Government Information (Public Access) Act 2009, is not to be published.

(4) Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act 2013, paragraphs [29] to [34], [51] and [61] of these and any confidential evidence filed with the Tribunal or given in a confidential hearing pursuant to s 107 of the Government Information (Public Access) Act 2009, is not to be disclosed to the applicant. Catchwords: ADMINISTRATIVE LAW – Government information – whether disclosure could reasonably be expected to prejudice the supply of confidential information that facilitates effective exercise of agency functions – workplace investigation – human resources and patient safety functions – whether disclosure could reasonably be expected to prejudice effective exercise of agency functions – whether disclosure could reasonably be expected to disclose information provided in confidence – balancing of public interests. Personal information – whether disclosure would reveal an individual's personal information or contravene an Information Privacy Principle – whether information already revealed – balancing of public interests. Legislation Cited: Government Information (Public Access) Act 2009 Health Services Act 1997 Privacy and Personal Information Protection Act 1998 Cases Cited: Actors Equity Association of Australia and Australian Broadcasting Tribunal (No. 2) (1985) 7 ALD 584 Attorney General's Department v Cockcroft [1986] FCA 35; (1986) 10 FCR 180 Battin v University of New England [2013] NSWADT 73 Pemberton v Macquarie University [2014] NSWCATAD 76 McInnes v Department of Education and Communities [2013] NSWADT 219 Director General, Department of Education and Training v Mullett [2002] NSWADTAP 13 Raven v The University of Sydney [2015] NSWCATAD 104 Richards v Commissioner, Department of Corrective Services [2011] NSWADT 98 Commissioner of Police, NSW Police Force, v Camilleri (GD) [2012] NSWADTAP 19 McLennan v University of New England [2013] NSWADT 113 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Nasr v State of NSW [2007] NSWCA 101 Rowell v Department of Family and Community Services [2017] NSWCATAD 221 Nature Conservation Council of NSW v Department of Trade and Investment [2012] NSWADT 195 AMH v Western NSW Local Health District [2013] NSWADT 282 Jones v NSW Department of Education [2017] NSWCATAD 51 Noble v University of NSW [2017] NSWCATAD 2 MJ v Department of Education and Commerce [2013] NSWADT 213 Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252 Category: Principal judgment Parties: David Amos (Applicant 2016/00378450) Ruth Arnold (Applicant 2016/00378451) Western NSW Local Health District (Respondent) Representation: Counsel: V Bulot (Applicants) N Sharp (Respondent) File Number(s): 2016/00378450 and 2016/00378451 Publication restriction: Section 107 of the Government Information (Public Access) Act 2009 applies to the paragraphs of these reasons marked "Not for publication".