Scenic NSW Pty Ltd v Office of Environment & Heritage [2019] NSWCATAD 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Scenic NSW Pty Ltd v Office of Environment & Heritage [2019] NSWCATAD 7 Hearing dates: On the papers Date of orders: 02 January 2019 Decision date: 02 January 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: R L Hamilton S.C. Decision: (1) The Respondent's decision to defer access to the information is set aside. (2) The matter is remitted for reconsideration by the respondent within 28 days in accordance with the findings in these reasons. (3) The respondent is to serve a copy of these reasons on the objectors within 7 days so that they can consider their positions. Catchwords: ADMINISTRATIVE LAW-government information-decision to defer access after granting access-power to decide to defer access- rights of internal review- sections 80(h), 78,88, 54(6) and (7) Government Information (Public Access) Act 2009 Legislation Cited: Government Information (Public Access) Act 2009 Cases Cited: Daley v SAS Trustee Corporation (2016) NSWLR 525 Texts Cited: Nil Category: Principal judgment Parties: Scenic NSW Pty Ltd (Applicant) Office of Environment and Heritage (Respondent) NSW Information Commissioner provided submissions as of right Representation: Counsel: J Reid (Applicant)

Solicitors: Mills Oakley (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2018/00227284 Publication restriction: Nil