Peter Zonnevylle v Department of Education and Communities [2018] NSWCATAD 139

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Peter Zonnevylle v Department of Education and Communities [2018] NSWCATAD 139 Hearing dates: 6 November 2017 and 15 January 2018 Date of orders: 02 July 2018 Decision date: 02 July 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: R J Perrignon, Senior Member Decision: (1) The respondent's decision of 20 June 2017 is affirmed. (2) Order that confidential Exhibit 1 is not to be disclosed except to the respondent. Catchwords: ADMINISTRATIVE LAW – application for access to government information – whether overriding public interest against disclosure by reason of legal professional privilege – whether public interest in favour of disclosure is outweighed by public interest in favour – whether disclosure would expose persons to risk of harm or of serious harassment or intimidation - whether reasonable searches conducted – whether processing charge reasonable – whether an officer has failed to exercise a function in good faith Legislation Cited: Administrative Decisions Act 1997 Evidence Act 1995 Government Information (Public Access) Act 2009 Parents and Citizens Associations Incorporation Act 1976 Cases Cited: Commissioner of Police, NSW Police Force v Barrett (No 2) [2016] NSWCATAP 86 Colefax v Department of Education and Communities (NSW) No 2 [2013] NSWADT 130 Saggers v Environment Protection Authority [2014] NSWCATAD 37 Singh v Legal Aid Commission (No 2) [2015] NSWCATAD 5 Zonnevylle v Department of Education and Communities (NSW) [2015] NSWCATAD 10 Zonnevylle v Department of Education and Communities (NSW) [2016] NSWCATAD 49 Zonnevylle v Department of Education [2017] NSWCATAD 101 Category: Principal judgment Parties: Peter Zonnevylle (Applicant) Department of Education and Communities (Respondent) Representation: Solicitors: Department of Education and Communities (Respondent)