O’Brien v Wollongong City Council [2019] NSWCATAD 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: O'Brien v Wollongong City Council [2019] NSWCATAD 90 Hearing dates: On the papers Date of orders: 27 May 2019 Decision date: 27 May 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: G Blake AM SC, Senior Member Decision: 1. The decision of the respondent to refuse access to the applicant to three referee reports is affirmed. Catchwords: ADMINISTRATIVE REVIEW – Government Information (Public Access) – application for review by person aggrieved by decision to refuse to release information – public interest considerations Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Government Information Public Access Act 2009 (NSW) Local Government Act 1993 (NSW) Cases Cited: Applicants v Commissioner of Police [2015] NSWCATAD 22 Commissioner of Police, NSW Police Force v Camilleri [2012] NSWADTAP 19 Flack v Commissioner of Police, NSW Police Force [2011] NSWADT 286 Miskelly v Secretary, Department of Education [2019] NSWCATAD 48 Van der Wall v University of Sydney [2008] NSWADT 213 Veall v Department of Planning and Environment [2018] NSWCATAD 47 Category: Principal judgment Parties: Robert O'Brien (Applicant) Wollongong City Council (Respondent) Representation: Counsel: J Bennett (Respondent) File Number(s): 2018/00346852

REASONS FOR DECISION

Summary 1. The applicant, Robert O'Brien, seeks an administrative review pursuant to the Government Information (Public Access) Act 2009 (NSW) (GIPA Act) of the review dated 26 October 2018 of the Information Commissioner of the decision made on 16 July 2018 of the respondent, Wollongong City Council, to refuse access pursuant to the GIPA Act to all referee reports obtained in connection with his applications for particular roles with the respondent (Review and Decision respectively). 2. I have treated the application as seeking an administrative review of the Decision. 3. I am satisfied that the correct and preferable decision is to affirm the Decision, and accordingly affirm the Decision to refuse access to the applicant to three referee reports.