DNM v NSW Ombudsman [2018] NSWCATAD 186

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DNM v NSW Ombudsman [2018] NSWCATAD 186 Hearing dates: On the papers Date of orders: 20 August 2018 Decision date: 20 August 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: (1) The decision of the Ombudsman that DNM's application was invalid is affirmed. (2) No order as to costs. Catchwords: Administrative Law – administrative review - Government Information (Public Access) – whether information relating to the monitoring and reporting function of the Ombudsman under s 6B(1)(e) of the Public Interest Disclosures Act is excluded information under the Government Information (Public Access) Act 2009 – consequence of access application seeking excluded information – access application invalid Legislation Cited: Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Public Interest Disclosures Act 1994 Cases Cited: Associated Newspapers v Wavish (1956) CLR 226 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Osborne v Commissioner of Police, NSW Police Service [2000] NSWADTAP 10 Pertsinidis v Illawarra Shoalhaven Local Health District [2014] NSWCATAD 130 Re Licensing Ordinance (1968) 13 FLR 143 Sinclair v Psychology Council [2017] NSWCATAD 8 Yee v Medical Council of NSW [2017] NSWCATAD 370 Category: Procedural and other rulings Parties: Applicant - DNM Respondent - NSW Ombudsman Representation: Applicant in person Respondent – M Smith, Legal Counsel, NSW Ombudsman File Number(s): 2018/0020278 Publication restriction: An order under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the broadcast or disclosure of the applicant's name