Webb v Port Stephens Council (No 3) [2018] NSWCATAP 286

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Webb v Port Stephens Council (No 3) [2018] NSWCATAP 286 Hearing dates: 20 April 2018 Date of orders: 30 November 2018 Decision date: 30 November 2018 Jurisdiction: Appeal Panel Before: S Higgins, Senior Member K Ransome, Senior Member Decision: (1) Time within which the appellant is to lodge her Notice of Appeal is extended to 12 January 2018. (2) The appeal is allowed in part. (3) The decision of the Tribunal is set aside in regard to affirming the respondent's decision that access to specified information is refused on the grounds of an overriding public interest consideration against disclosure falling within cl 3(1)(a), (b) and (f) of the Table to s 14(2) of the Government Information (Public Access) Act 2009. The respondent's decision in regard to this specified information is remitted for reconsideration by the Tribunal, differently constituted, in accordance with these reasons for decision. (4) By 10 December 2018, the respondent is to file and serve a schedule that lists, for each review application of the appellant, the documents for which access to information was refused, in part or whole, on the grounds set out in order 3 above. Catchwords: ADMINISTRATIVE LAW – merit review of decision of the respondent administrator under the Government Information (Public Access) Act 2009 - open access information – conclusive public interest against disclosure - legal professional privilege

ADMINISTRATIVE LAW – merit review of decision of the respondent administrator under the Government Information (Public Access) Act 2009 - open access information – overriding public interest against disclosure – personal information and expose a person to a risk of harm Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access Act) 2009 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Khashashneh v Travel Compensation Fund [2015] NSWCATAP 142, McClymont v Department of Family and Community Services [2017] NSWCATAD 202 McEwan v Port Stephens Council [2017] NSWCATAP 211 McEwan v Port Stephens Council [2017] NSWCATAD 269 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Port Stephens Council v Webb [2017] NSWCATAD 341 Webb v Port Stephens Council [2018] NSWCATAP 224 Webb v Port Stephens Council [2017] NSWCATAD 271 Texts Cited: Nil Category: Principal judgment Parties: Telina Webb (Appellant) Port Stephens Council (Respondent) Representation: Solicitors: T Webb (Self Represented) (Appellant) Lindsay Taylor Lawyers (Respondent) File Number(s): AP 18/02138 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2017] NSWCATAD 348 Date of Decision: 29 November 2017 Before: J McAteer, Senior Member