Speer v NSW State Emergency Service [2018] NSWCATAD 226

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Speer v NSW State Emergency Service [2018] NSWCATAD 226 Hearing dates: 2 May 2018 Date of orders: 26 September 2018 Decision date: 26 September 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1 The decision by the NSW State Emergency Service to refuse to release the document titled Ken Speer Performance Management should be set aside. In its place the decision is made that the document is released. 2 The matter is remitted to the NSW State Emergency Service to allow it to undertake a review of other information that has been redacted to ascertain whether additional information should also be released as a consequence of Order 1. 3 A decision on the remitted issue is to be completed by 26 October 2018. 4 The matter is to be listed for further case conference on 30 October at 9.30 am. 5 The decision under review is otherwise affirmed. Catchwords: ADMINISTRATIVE REVIEW - Administrative Law – Government Information – overriding public interest against disclosure - personal information - information provided to the agency during an investigation - prejudice supply of information - prejudice exercise of agency's functions – reasonableness of searches. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 Cases Cited: Amos v Central Coast Council [2018] NSWCATAD 101 BNQ v South Eastern Sydney Local Health District [2015] NSWCATAD 156. Camilleri v Commissioner of Police, New South Wales Police Force [2012] NSWADT 5 Curtin v Lord Howe Island Board [2017] NSWCATAD 86 Peter Zonnevylle v Department of Education and Communities [2018] NSWCATAD 139 Robinson v Commissioner of Police [2014] NSWCATAP 73. Category: Principal judgment Parties: Kenneth Speer (Applicant) NSW State Emergency Service (Respondent) Representation: K Speer (Applicant in person)