South Dural Residents and Ratepayers Group Inc. v Roads and Maritime Services [2019] NSWCATAD 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: South Dural Residents and Ratepayers Group Inc. v Roads and Maritime Services [2019] NSWCATAD 83 Hearing dates: 13 December 2018 Date of orders: 14 May 2019 Decision date: 14 May 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: R. L. Hamilton SC, Senior Member Decision: (1) Documents 4 and 13-the Respondent agency's decision is set aside and the documents are released 7 days after publication of this decision. (2) Documents 6, 14, 15 and 27- the Respondent agency's decision is set aside and the documents are remitted to the Respondent agency for reconsideration and redaction. (3) Documents 7 and 11- the Respondent agency's decision in respect of part of the documents is affirmed. As to the residue of these documents the agency's decision is set aside and the documents are remitted to the Respondent agency for reconsideration and redaction. (4) Documents 17, 18, 19, 20 and 22-the Respondent agency's decisions in relation to these documents are affirmed. (5) Documents 21, 23, 24, and 28- the Respondent agency's decisions in relation to these documents are provisionally affirmed subject to the regime set out in the decision in relation to Documents 21, 23 and 24. (6) Pursuant to s 64 CAT Act it is ordered that: (a) the publication of confidential evidence given to the Tribunal, and of matters contained in confidential documents received in evidence by the Tribunal; and (b) the disclosure to the applicant in the proceedings of confidential evidence given to the Tribunal, and of the contents of a confidential document received in evidence by the Tribunal be prohibited. Catchwords: ADMINISTRATIVE LAW – freedom of information – government information public access – public interest considerations Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Freedom of Information Act 1989 (NSW) (repealed) Freedom of Information Act 1982 (Cth) Cases Cited: Re Brown and Minister for Administrative Services (1990) 21 ALD 526 Cannon v Australian Quality Eggs Farms Limited (1994) 1 QAR 491 Commissioner of Police, NSW Police Force v Camilleri [2012] NSWADTAP 19 Department of Education and Training v Mullett [2002] NSWADTAP 13 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 Leech v Sydney Water Corporation [2010] NSW ADT 298 Luxford v Department of Education and Communities [2016] NSWCATAD 118 McKinnon v Blacktown City Council [2012] NSWADT 44 Miskelly v Transport for NSW [2017] NSWCATAD 207 Re Waterford and Department of the Treasury (No 2) (1984) 5 ALD 588 Transport for NSW v Searle [2018] NSWCATAP 93 Category: Principal judgment Parties: South Dural Residents and Ratepayers Group Inc. - Applicant Roads and Maritime Services - Respondent Representation: Solicitors: Applicant Mr Cicchini (as agent) Respondent - Sparke Helmore (Ms Tipene) File Number(s): 2018/182090 Publication restriction: Yes. Pursuant to s 64 CAT Act it is ordered that: (a) the publication of confidential evidence given to the Tribunal, and of matters contained in confidential documents received in evidence by the Tribunal; and (b) the disclosure to the applicant in the proceedings of confidential evidence given to the Tribunal, and of the contents of a confidential document received in evidence by the Tribunal be prohibited.