Lock the Gate Alliance v Department of Planning and Environment & Department of Premier and Cabinet [2019] NSWCATAD 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lock the Gate Alliance v Department of Planning and Environment & Department of Premier and Cabinet [2019] NSWCATAD 6 Hearing dates: 9 May 2018 Date of orders: 02 January 2019 Decision date: 02 January 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: (1) The decision in 2017/00387590 is affirmed. (2) The decision in 2017/00387614 is varied to the extent that Document 1c is to be released to the applicant and Documents 17, 18 and 20 are to be released with the redactions as set out in paragraph 137 of these reasons. (3) The decision in 2017/00387614 is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review - Government Information – Cabinet information – whether document would reveal or tend to reveal Cabinet deliberations or decisions – some information in public domain – the document not the information must have been approved for release

ADMINISTRATIVE LAW – administrative review - Government Information – Cabinet information – document that reveal or tends to reveal the position Minister is considering taking to Cabinet – no requirement that position actually taken to Cabinet - meaning of "the position" – not confined to "one" position

ADMINISTRATIVE LAW – administrative review - Government Information – legal professional privilege – privilege claimed by Department which was not Department to which legal advice or services provided – provision of advice etc is to the State not the individual administrative Department – sharing of legal advice between Department – question of waiver does not arise