Taylor v Office of Destination NSW [2018] NSWCATAD 195

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Taylor v Office of Destination NSW [2018] NSWCATAD 195 Hearing dates: 26 May 2017; 30 January 2018Final submissions received 17 August 2018 Date of orders: 27 August 2018 Decision date: 27 August 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: (1) The reviewable decision of the Respondent dated 2 November 2017 is set aside. (2) The Respondent is to provide the applicant with access to each of the 79 documents in their entirety, with the exception that Documents 18, 46, 62, 63, 68, and 75 should be redacted in accordance with these reasons before providing access. (3) The parties are to file and serve concurrent written submissions on the referral of the Respondent to the Ombudsman or Information Commissioner, within 28 days. Catchwords: ADMINISTRATIVE LAW – Government Information (Public Access) Act 2009 – Access to information – refusal of access – correct application of public interest test – discharge of onus – confidential information - consultation – aggrieved persons – public interest considerations in favour of disclosure – public interest considerations against disclosure – weight - balancing exercise - correct and preferable decision Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Destination NSW Act 2011 (NSW) Government Information (Information Commissioner) Act 2009 (NSW) Government Information (Public Access) Act 2009 (NSW) Ombudsman Act 1974 (NSW) Cases Cited: Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252 Beesley v Commissioner of Police, New South Wales Police Service [2000] NSWADT 52 Camilleri v Commissioner of Police [2012] NSWADT 5 Cianfrano v Department of Commerce (No 2) [2006] NSWADT 195 Hula v Commissioner of Police (NSW) [2013] NSWADT 153 Meriton Property Services Pty Limited & Ors v Miriani v Commissioner of New South Wales Police [2005] NSWADT 187 Quipolly Water Action Group v NSW Department of Industry [2016] NSWCATAD 252 Shepherd and Department of Housing, Local Government and Planning [1994] QICmr 7; (1994) 1 QAR 464 Smith v Pittwater Council [2016] NSWCATAD 67 Stanley v Roads and Maritime Services (NSW) [2014] NSWCATAD 123 Taylor v Destination NSW [2017] NSWCATAD 272 Transport for NSW v Searle [2018] NSWCATAP 93 Turner v Commissioner of Police, NSW Police Force [2017] NSWCATAD 177 UrbanGrowth NSW [2017] NSWCATAD 71 Wentworth v New South Wales Bar Association [1992] HCA 24; (1992) 176 CLR 239 Category: Principal judgment Parties: Andrew Taylor (Applicant) Office of Destination NSW (Respondent) Information Commissioner (Intervenor) Representation: Counsel: M Painter SC (Respondent)