Mookhey v Department of Finance, Services and Innovation [2018] NSWCATAD 128

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mookhey v Department of Finance, Services and Innovation [2018] NSWCATAD 128 Hearing dates: 19 March 2018 Date of orders: 20 June 2018 Decision date: 20 June 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: 1. The decision of the Agency to refuse Mr Mookhey access to the identity information is affirmed. Catchwords: Administrative law – Government Information Public Access – access sought to identity information of the 100 corporations which paid the most mortgage duty and marketable securities duty – access refused - administrative review – consideration of public interest considerations in favour of disclosure – consideration of whether identifying information of corporations paying duty provided confidentially – secrecy provisions of Taxation Administration Act – whether release of identity information would prejudice the supply to an agency of confidential information that facilitates the effective exercise of that agency's functions – prejudice to agency's functions – disclosure of information provided in confidence – decision to refused access to identity information affirmed. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Duties Act 1997 (NSW) Freedom of Information Act 1982 (Cth) Freedom of Information Act 1989 (NSW) Government Information (Public Access) Act 2009 (NSW) Interpretation Act 1987 (NSW) Taxation Administration Act 1996 (NSW) Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252 Commissioner of Police NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Consolidated Press Holding Ltd, v Federal Commissioner of Taxation (1995) 128 ALR 443 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Martin v Commissioner of Police [2005] NSWADT 23 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Category: Principal judgment Parties: Nitin Daniel Mookhey MLC - applicant Department of Finance, Services and Innovation – respondent Representation: Counsel: J Mack – applicant R Mansted – respondent