CGU Workers Compensation (NSW) Ltd v Department of Planning and Environment [2018] NSWCATAD 169

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CGU Workers Compensation (NSW) Ltd v Department of Planning and Environment [2018] NSWCATAD 169 Hearing dates: 16 April 2018 Date of orders: 03 August 2018 Decision date: 03 August 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) The determination of the Department of Planning and Environment that is under review is affirmed insofar as it concerns document 7 and the recorded interviews.

(2) The determination of the Department of Planning and Environment that is under review is set aside insofar as it concerns the remainder of the withheld information. Catchwords: Administrative Law – Government Information – information provided in confidence – personal information – whether disclosure could reasonably be expected to prejudice the effective exercise by an agency of the agency's functions – whether disclosure of the information could reasonably be expected to prejudice any person's legitimate business, commercial, professional or financial interests – whether overriding public interest against disclosure Legislation Cited: Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 Work Health and Safety Act 2011 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1988 Cases Cited: Attorney-General's Department v Cockcroft [1986] FCA 35; (1986) 10 FCR 180 Commissioner of Police NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Hurst v Wagga Wagga City Council [2011] NSWADT 307 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Peter Zonnevylle v Department of Education and Communities [2018] NSWCATAD 139 Transport for NSW v Searle [2018] NSWCATAP 93 Category: Principal judgment Parties: CGU Workers Compensation (NSW) Ltd (Applicant) Department of Planning and Environment (Respondent) Representation: Counsel: N Read (Applicant) D Birch (Respondent)