Veall v Department of Planning and Environment [2018] NSWCATAD 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Veall v Department of Planning and Environment [2018] NSWCATAD 47 Hearing dates: 9 October 2017 Date of orders: 23 February 2018 Decision date: 23 February 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: 1. The Respondent's decision dated 28 June 2017 is set aside.

2. Within 7 days the Respondent is to provide the Applicant with a copy of the information sought, re-redacted to withhold only the information which identifies the informant. Catchwords: ADMINISTRATIVE LAW – Access to government information – informant – personal information – opinion as personal information - correct application of public interest test – correct and preferable decision Legislation Cited: Administrative Decisions Review Act 1997 NSW Civil and Administrative Tribunal Act 2013 NSW Government Information (Information Commissioner) Act 2009 NSW Government Information (Public Access) Act 2009 NSW Information Commissioner Guidelines 4 Cases Cited: Alexander v University of Sydney [2008] NSWADT 214 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 Bourke v Roads and Maritime Services (NSW) [2012] NSWADT 272 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 New South Wales Office of Liquor, Gaming and Racing v Fahey (GD) [2012] NSWADTAP 55 Public Service Assn v Premier's Department [2002] NSWADT 277 Richards v Commissioner, Department of Corrective Services [2011] NSWADT 98 Roy v Commissioner of Police, NSW Police Force [2012] NSWADT 120 Category: Principal judgment Parties: James Veall (Applicant) Department of Planning and Environment (Respondent) Representation: In person (Applicant) Department of Planning and Environment (Respondent) File Number(s): 2017/206304 Publication restriction: None