Miskelly v Secretary, Department of Education [2019] NSWCATAD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Miskelly v Secretary, Department of Education [2019] NSWCATAD 48 Hearing dates: 21 November 2018 Date of orders: 28 March 2019 Decision date: 28 March 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: R.L. Hamilton SC, Senior Member Decision: (1) I confirm the earlier order made in the hearing that part of the hearing be conducted in private (s 49(2) CAT Act). (2) Pursuant to s 64 CAT Act I order that: (a) the disclosure of the name of Witness A; (b) the publication of evidence given before the Tribunal in private, or of matters contained in confidential documents received in evidence by the Tribunal, (c) the disclosure to applicant in the proceedings of confidential evidence given before the Tribunal, or of the contents of a confidential document received in evidence by the Tribunal, in relation to the proceedings; and (d) the publication of the current redacted versions of Documents 13 and 18 be prohibited. (3) I remit Document 13 back to the respondent for further redaction, and Document 18 for reconsideration in accord with these reasons and for further redaction. (4) I set aside the decisions of the respondent agency in relation to certain redactions in Documents 10,16,19,21 and 24 as mentioned in my reasons and refer those documents back to the respondent agency for reconsideration in accordance with those reasons. (5) I affirm the decisions of the agency in relation to the other documents. Catchwords: ADMINISTRATIVE LAW- freedom of information- government information public access-public interest considerations- Government Information (Public Access) Act 2009 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil & Administrative Tribunal Act 2013 (NSW) Freedom of Information Act 1989 (NSW) Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Protection Act 1998 Freedom of Information Act 1982 (Cth) Cases Cited: AEZ v Commissioner of Police, NSW Police Force [2013] NSWADT 90 Amos v Western NSW Local Health District [2017]NSWCATAD 359. Arnold v Queensland (1987) 73 ALR 607 Bourke v Roads & Maritime Services [2012] NSWADT 272 Bray v North Coast Area Health Service [2009]NSWADT 93 Challita v Department of Education and Training (NSW) [2010] NSWADT 175 Commissioner of Police, NSW Police Force v Camilleri [2012] NSWADTAP 19 Department of Education and Training v Mullett (No 2) [2002] NSWADTAP 29 Ermel v Department of Finance and Services [2013] NSWADT 183 Fire Brigade Employees' Union v Fire and Rescue (NSW) [2014] NSWCATAD 113 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Hutchinson v Roads and Traffic Authority [2006] NSWADT 147 Jenkinson v Department of Education and Communities [2013] NSWADT 280 Jones v Department of Education [2017] NSWCATAD 51 Leech v Sydney Water Corporation [2010] NSW ADT 298 Luxford v Department of Education and Communities [2016] NSWCATAD 118 Mansfield v Department of Family and Community Services (NSW) [2014] NSWCATAD 43 NSW Office of Liquor, Gaming and Racing v Fahey [2012] NSWADTAP 55, Re Environment Centre NT and Department of the Environment Sport and Territories (1994) 35 ALD 765 Re Waterford and Department of the Treasury (No 2) (1984) 5 ALD 588 Siu v Department of Family and Community Services [2016] NSWCATAD 115 Smolenski v Commissioner of Police (NSW) [2015] NSWCATAD 21 Transport for NSW v Searle [2018] NSWCATAP 93 Zonnevylle v Department of Education and Communities [2018] NSWCATAD 139 Texts Cited: Nil Category: Principal judgment Parties: G Miskelly (Applicant) Secretary, Department of Education (Respondent) Representation: Solicitors: Mr Mackinnon (Agent) (Applicant) Maddocks (Respondent) Ms Chetty (Information Commissioner) File Number(s): 2018/00167716 Publication restriction: Pursuant to s 64 CAT Act I order that:(a) the disclosure of the name of Witness A;(b) the publication of evidence given before the Tribunal in private, or of matters contained in confidential documents received in evidence by the Tribunal,(c) the disclosure to applicant in the proceedings of confidential evidence given before the Tribunal, or of the contents of a confidential document received in evidence by the Tribunal, in relation to the proceedings; and(d) the publication of the current redacted versions of Documents 13 and 18be prohibited.