Place v Department of Finance, Services and Innovation (No 2) [2018] NSWCATAD 220

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Place v Department of Finance, Services and Innovation (No 2) [2018] NSWCATAD 220 Hearing dates: 7 March 2018 Date of orders: 18 September 2018 Decision date: 18 September 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: 1 The decision under review is varied to the extent that page 12 of the letter dated 22 February 2016 from Warwick Norris to the Building Professionals Board is to be released to the applicant.

2 The decision under review is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – government information – response to a complaint – prejudice to legitimate business interests – prejudice supply of confidential information – prejudice effective exercise of agency's functions – prejudice the detection or investigation of a possible contravention of the law – personal factors - motive Legislation Cited: Building Professionals Act 2005 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Alexander v University of Sydney [2008] NSWADT 214 Attorney-General's Department v Cockcroft (1986) 10 FCR 18 Camilleri v Penrith City Council [2012] NSWADT 196 Commissioner of Police v Camilleri [2012] NSWADTAP 19 Donnellan v Ku-ring-gai Council [2013] NSWADT 115 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Leech v Sydney Water Corporation [2010] NSWADT 298 Macquarie University v Howell (No 2) [2009] NSWADTAP 19 Pemberton v Macquarie University [2014] NSWCATAD 76 Place v Department of Finance, Services and Innovation [2016] NSWCATAD 278 Robinson v Department of Health [2002] NSWADT 222 Williams v Department of Industry and Investment [2012] NSWADT 192 Category: Principal judgment Parties: Anthony Glen Place (Applicant) Department of Finance, Services and Innovation (Respondent) Representation: Applicant in person Fair Trading Legal Services (Respondent) File Number(s): 2017/00288031 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the material filed by the respondents on a confidential basis, to those paragraphs of these reasons identified as [Not for publication], to the evidence given in private before the Tribunal and to the record of that part of the proceedings conducted in private pursuant to s 49. That material is not to be released to either the applicant or to the public.