Webb v Port Stephens Council [2019] NSWCATAD 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Webb v Port Stephens Council [2019] NSWCATAD 47 Hearing dates: 6 December 2018 Date of orders: 27 March 2019 Decision date: 27 March 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: R.L. Hamilton SC, Senior Member Decision: (1) The order made in the hearing that part of the hearing be conducted in private is confirmed (s 49(2) CAT Act). (2) Pursuant to s 64 CAT Act it is ordered that: (a) the publication of evidence given before the Tribunal in private, and of matters contained in confidential documents received in evidence by the Tribunal, and of the transcript of the private hearing; and (b) the disclosure to applicants in the proceedings of confidential evidence given before the Tribunal, and of the contents of a confidential document received in evidence by the Tribunal, and of the transcript of the private hearing be prohibited. (3) In Mr McEwan's matter (File No. 2016/378193) the decision of the respondent Council is set aside and the documents are remitted back to the respondent for further consideration and redaction in accordance with these reasons (4) In Ms Webb's matter (File No.2016/378165) I (a) the decisions of the respondent Council in relation to those documents to which access has been refused, and (b) the decision to refuse to deal with certain documents are set aside and those documents are remitted back to the respondent for further consideration and redaction in accordance with these reasons. (5) In Ms Webb's matter (File No. 2016/378165) the decisions of the agency in relation to the other documents to which partial access has been granted is affirmed. (6) The respondent is directed to write and advise the persons who objected to the release of the information in the documents about this decision, and if aggrieved of their rights to have the decision reviewed. Catchwords: ADMINISTRATIVE LAW- freedom of information- government information public access-public interest considerations-open access information s6 Government Information (Public Access) Act 2009 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil & Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Government Information (Public Access) Regulation 2018 (NSW) Health Records and Information Privacy Act 2002(NSW) Privacy and Personal Information Protection Act 1998(NSW) Cases Cited: AEZ v Commissioner of Police, NSW Police Force [2013] NSWADT 90 Commissioner of Police (NSW) v Camilleri [2012] NSWADTAP 19 Ermel v Department of Finance and Services [2013] NSWADT 183 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Leech v Sydney Water Corporation [2010] NSW ADT 298 Turnbull v Strange [2018] NSWCA 157 Wiskich v Composite Materials Australia Pty Ltd [2016] NSWCATAP 221 Zonnevylle v Department of Education and Communities [2018] NSWCATAD 139 Texts Cited: Nil Category: Principal judgment Parties: T Webb & P McEwan (Applicants) Port Stephens Council (Respondent) Representation: Solicitors: T Webb & P McEwan (Self Represented)(Applicants) Lindsay Taylor Lawyers (Respondent) File Number(s): 2016/378193 & 2016/378165 Publication restriction: The publication of evidence given before the Tribunal in private, and of matters contained in confidential documents received in evidence by the Tribunal, and of the transcript of the private hearing; and The disclosure to applicants in the proceedings of confidential evidence given before the Tribunal, and of the contents of a confidential document received in evidence by the Tribunal, and of the transcript of the private hearing