Whitaker v Illawarra Shoalhaven Local Health District [2018] NSWCATAD 183

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Whitaker v Illawarra Shoalhaven Local Health District [2018] NSWCATAD 183 Hearing dates: 21 March 2018 Date of orders: 15 August 2018 Decision date: 15 August 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony. Senior Member Decision: 1. The Tribunal:

(a) affirms the Agency's decision with respect to document 9 and 60 (which are the same); and

(b) sets aside the Agency's decision with respect to documents 36 and 38, such decision to be re-determined in accordance with these reasons within 30 days of publication.

2 .Under s 64(1)(b) of the Civil and Administrative Tribunal Act 2013 the Tribunal prohibits disclosure or publication of the names and of and identifying information relating to the witnesses who provided confidential evidence only in these proceedings.

3. If the Agency still wishes to pursue its costs application, it should file and serve within 30 days of the publication of these reasons:

(a) details of the costs it seeks, including a lump sum amount claimed and how that figure is calculated;

(b) any evidence it wishes to rely on in support of its cost application; and

(c) submissions as to costs.

4. Within a further 30 days Ms Whitaker should file and serve: (a) any evidence she wishes to rely on; and (b) submissions as to costs.

5. The costs issue is then to be referred to me for determination. Catchwords: ADMINISTRATIVE REVIEW – Government Information (Pubic Access) - consideration of impact of personal circumstances on access applicant – consideration of whether information provided to a workers compensation investigation conducted by an external investigator appointed by an external insurer was confidential information provided in accordance with the Agency's Managing Misconduct Policy – information provided to workers compensation investigation when it was on the cards that information would have to be disclosed to worker in future – information not confidential information prepared for misconduct investigation – consideration of whether release would reveal an individual's personal information – consideration of whether release would expose a person to a risk of harm or of serious harassment or serious intimidation – no evidence of risk – consideration of competing public interest. Legislation Cited: Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2010 Privacy and Personal Information Protection Act 1998 Workers Compensation Regulation 2016 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: AEZ v Commissioner of Police, NSW Police Force [2013] NSWADT 90 Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252 CJO v NSW Police Force [2016] NSWCATAD 262 Commissioner of Police NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Dezfouli v Justice Health & Forensic Mental Health Network [2018] NSWCATAD 11 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Luxford v Department of Education and Communities [2016] NSWCATAD 118 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Category: Principal judgment Parties: Catherine Whitaker (Applicant) Illawarra Shoalhaven Local Health District (Respondent) Representation: Counsel: Mr D Mahendra (Respondent) Applicant in person