Anderson v University of Sydney [2018] NSWCATAD 196

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Anderson v University of Sydney [2018] NSWCATAD 196 Hearing dates: 17 May 2018 Date of orders: 27 August 2018 Decision date: 27 August 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) Document 36. The decision of the respondent is set aside in respect of Document 36. That document is to be released with the personal information of non-University employees redacted, and the 3rd and 4th line of the 4:25pm email beginning 'As..' - redacted. (2) Document 34. The decision of the respondent is set aside in respect of Document 34. That document is to be released with the author's name and email address identifier redacted. (3) Document 33. The decision of the respondent is set aside in respect of Document 33. That document is to be released with the author's name and email address identifier redacted. (4) Document 24. The decision of the respondent is set aside in respect of Document 24. That document is to be released with the author's name and email address identifier redacted. That document is to be released with the following redacted from the email contained within document 24: the 10th, 11th and 12th words of paragraph 2 (redacted), the second sentence of paragraph 3 (redacted), paragraph 4 (redacted) and paragraph 5 (redacted). (5) Document 22. The decision of the respondent is set aside in respect of Document 22. That document is to be released with the author's name and email address identifier redacted. (6) The decision of the respondent is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – Government Information (Public Access) Act -– legal professional privilege –– sufficiency of evidence to establish factors against disclosure - weight to apply significantly to factors against disclosure – personal factors of application in favour of disclosure of information. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Government Information (Public Access) Act 2009 Cases Cited: CGU Workers Compensation (NSW) Ltd v Department of Planning and Environment [2018] NSWCATAD 169 Hutchinson v Walcha Shire Council [2015] NSWCATAD 132 Mannix v Department of Education and Communities [2014] NSWCATAD 35 Transport for New South Wales v Searle [2018] NSWCATAP 93 Texts Cited: The University of Sydney Enterprise Agreement 2013 - 2017 Category: Principal judgment Parties: Tim Anderson (Applicant) University of Sydney (Respondent) Representation: Counsel: B Tronson (Respondent)