Nicholls v Transport for NSW [2017] NSWCATAD 361

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nicholls v Transport for NSW [2017] NSWCATAD 361 Hearing dates: 22 August 2017Additional evidence received and determined on the papers (Submissions closed 10 October 2017). Date of orders: 08 December 2017 Decision date: 08 December 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) Pursuant to section 106 (2) of the GIPA Act the respondent is to produce the information for which the Schedule 1 Clause (2) claim is made, and also to produce any document that the information was assessed against, in making a finding that the information was Cabinet information. Such material is to be filed and received under the provisions of section 107 (2) of the GIPA Act within 14 days of publication of these reasons.

(2) The respondent is to file and serve further open written submissions (if any) in support of the material filed in conformity with Order 1 within 14 days of publication of these reasons.

(3) The applicant is to file and serve any further submissions (if any) on or before 22 January 2018.

(4) The Information Commissioner is to file and serve submissions (if any) on or before 29 January 2018.

(5) The respondent is to file confidential submissions (if any) in support of the submissions in order (2) on or before 29 January 2018.

(6) The matter is listed for directions on 30 January 2018 at 9:30am. Catchwords: GIPA Act - Government Information - Access -Confidential information - Cabinet material – Position Minister was taking – Weight of evidence – Reasonable grounds – Whether reasonable grounds established. Legislation Cited: Civil and Administrative Tribunal Act 2013 Freedom of Information Act 1989 Government Information (Public Access) Act 2009 Cases Cited: D'Adam v New South Wales [2014] NSWCATAD 68 Bennison v Department of Premier and Cabinet [2016] NSWCATAD 101 McKay v Transport for NSW [2017] NSWCATAD 212 Searle v Transport for NSW [2017] NSWCATAD 256 Texts Cited: Nil Category: Principal judgment Parties: Sean Nicholls (Applicant) Transport for NSW (Respondent) Representation: Counsel: L Norman (Applicant) P Lim (Respondent)