Hillyer v Rural Fire Service [2019] NSWCATAD 52

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hillyer v Rural Fire Service [2019] NSWCATAD 52 Hearing dates: 15 January 2019 Date of orders: 29 March 2019 Decision date: 29 March 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the respondent is set aside in part. (2) The respondent is to release the Investigation Report and attachments contained within the Confidential Exhibit at Tab 4 other than the following information: • All references to the complainant's names and addresses as already redacted on pages: 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of the Investigation Report. • All references to Mr Williams residential address and telephone number. • Attachment 1 to the report – redact the name of the complainant's only. • Attachment 2 to the report – the Public Complaint Review – redact the complainant's names and addresses and the 'background information' as identified in the confidential paragraphs - only. • Attachment 3 to the report – redact the complainant's names and addresses and the 'background information' as identified in the confidential paragraphs - only. • Attachment 4 to the report – redact the complainant's names, contact details and any other identifiers (All pages). Redact entire email of 12 January 2017 from complainants issued: 8:02pm, Redact entire email of 11 January 2017 issued 12:37pm from complainants. • Attachment 6 to the report – redact reference to complainant's names at beginning of photo montage. • Attachment 7 to the report – redact reference to the complainant's names. • Attachment 8 – redact in entirety. (3) The decision is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – Government Information (Public Access) Act -– GIPA – consultation – whether consultation required-sufficiency of evidence to establish factors against disclosure - weight to apply significantly to factors against disclosure. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Mannix v Department of Education and Communities [2014] NSWCATAD 35 Selby v Commissioner of Police [2013] NSWADT 61 Texts Cited: Nil Category: Principal judgment Parties: Percival Victor Hillyer (Applicant) Rural Fire Service (Respondent) Representation: Solicitors: P Hillyer (Self Represented)(Applicant) Crown Solicitor's Officer (Respondent) File Number(s): 2018/00129395 Publication restriction: Section 64 (1) of the Civil and Administrative Tribunal Act 2013:(a) order prohibiting or restricting the disclosure of the name of the third party complainants who appear purs s-104 (3) of the GIPA Act.(c) an order prohibiting or restricting the publication of evidence given before the Tribunal, whether in public or in private, or of matters contained in documents lodged with the Tribunal or received in evidence by the Tribunal, as set out at Paragraphs 50-56 of these reasons for decision.