DNM v NSW Ombudsman [2019] NSWCATAP 77

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DNM v NSW Ombudsman [2019] NSWCATAP 77 Hearing dates: 25 January 2019 Date of orders: 03 April 2019 Decision date: 03 April 2019 Jurisdiction: Appeal Panel Before: N Hennessy, LCM Deputy President K Ransome, Senior Member Decision: (1) The appeal is dismissed. (2) DNM's application for costs is refused. Catchwords: APPEAL – whether application under Government Information (Public Access) Act 2009 is invalid because it is a request for "excluded information" - statutory interpretation – meaning of "excluded information" in Government Information (Public Access) Act 2009, Sch 2, cl 2 Legislation Cited: Community Services (Complaints, Reviews and Monitoring) Act 1993 Government Information (Public Access) Act 2009 (NSW) Independent Commission Against Corruption Act 1988 (NSW) Interpretation Act 1987 (NSW) Public Interest Disclosures Act 1994 (NSW) Cases Cited: Bar-Mordecai v Rotman & Ors [2000] NSWCA 123 Chief Executive Officer of Customs v Adelaide Brighton Cement Ltd (2004) 139 FCR 147 Fraud Detection and Reporting Pty Ltd v Department of Justice [2018] NSWCATAD 63 IW v The City of Perth (1997) 191 CLR 1 La Macchia v Minister for Primary Industries and Energy (1992) 110 ALR 201 Latoudis v Casey (1990) 170 CLR 534 O'Grady v Northern Queensland Co Ltd [1990] HCA 16; (1990) 169 CLR 356 at 374 Osborne v Commissioner of Police, NSW Police Service [2000] NSWADTAP 10 Oshlack v Richmond River Council (1998) 193 CLR 72 Re Licensing Ordinance (1968) 13 FLR 143 at 147 Travelex Ltd v Commissioner of Taxation [2010] HCA 33; (2010) 241 CLR 510 Victims Compensation Fund Corporation v Brown [2002] NSWCA 155 Watson v NSW Trustee and Guardian [2015] NSWCATAD 139 Workers' Compensation Board of Queensland v Technical Products Pty Ltd [1998] HCA 49; (1988) 165 CLR 642 Texts Cited: Aronson, Groves and Weeks, Judicial Review of Administrative Action and Government Liability, (6th ed, 2017, Lawbook Co) Pearce and Geddes, Statutory Interpretation in Australia (8th ed, 2014, LexisNexis Butterworths ) Category: Principal judgment Parties: DNM (Appellant) NSW Ombudsman (Respondent) Representation: Solicitors: DNM (Self Represented) (Applicant) (by phone) M Smith (Respondent) C Higgins (Information Commissioner) File Number(s): AP18/42060 Publication restriction: Disclosure of the applicant's name is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Date of Decision: 20 August 2018 Before: P Molony, Senior Member File Number(s): 2018/0020278