Telstra Corporation Ltd v Independent Pricing & Regulatory Tribunal [2018] NSWCATAD 269

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Telstra Corporation Ltd v Independent Pricing & Regulatory Tribunal [2018] NSWCATAD 269 Hearing dates: 10 October 2018 Date of orders: 26 November 2018 Decision date: 26 November 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: R L Hamilton, Senior Member Decision: (1) Except as to Document 2, the decision of the Respondent is affirmed. (2) Document 2 is remitted to the Respondent to be redacted as set out in paragraph 58 prior to being released to the Applicant. Catchwords: ADMINISTRATIVE LAW- access to government information- general public interest in favour of disclosure of government information- whether the disclosure of the information would contribute to open public debate of government policy- whether disclosure of the information would permit the checking of improper or unlawful activity by government- prejudice to the supply to an agency of confidential information that facilitates the effective exercise of that agency's function- prejudice to the effective exercise by an agency of the agency's functions- disclosure of information provided to an agency in confidence-prejudice to any person's legitimate business, commercial, professional or financial interests-balancing of public interest considerations for and against disclosure. Legislation Cited: Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Independent Pricing and Regulatory Tribunal Act 1992 Telecommunications Act (Cth) 1997 Cases Cited: Bayside City Council v Telstra Corporation Limited (2004) 216 CLR 595 Commissioner of Police NSW v Camilleri [2012] NSWADTAP 19) Flack v Commissioner of Police NSW [2011] NSWADT 286 Telstra Corporation Limited v Queensland [2016] FCA 1213 Transport for NSW v Searle [2018] NSWCATAP 93 Texts Cited: Nil Category: Principal judgment Parties: Telstra Corporation Limited (Applicant) Independent Pricing and Regulatory Tribunal (IPART) (Respondent) Representation: Counsel: M.Sherman (Applicant) D. Birch (Respondent)