Miskelly v Roads and Maritime Services [2019] NSWCATAD 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Miskelly v Roads and Maritime Services [2019] NSWCATAD 133 Hearing dates: 29 January 2019 Date of orders: 10 July 2019 Decision date: 10 July 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: (1) The decision of the respondent in regard to Documents 1, 2, 3, S1 and S3 is affirmed.

(2) The applicant's application is otherwise dismissed. Catchwords: ADMINISTRATIVE LAW – access to government information – cabinet information

ADMINISTRATIVE LAW – whether the Tribunal has jurisdiction to review a decision of an agency that information is 'out of scope' Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: D'Adam v New South Wales Treasury [2014] NSWCATAD 68 Fisse v Secretary, Department of the Treasury [2008] FCAFC 188 Flack v Commissioner of Police, New South Police [2011] NSWADT 286 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Ku-ring-gai Council v NSW Department of Premier and Cabinet [2016] NSWCATAD 181 Robinson v Transport for NSW; Robinson v Roads and Maritime Services [2017] NSWCATAD 353 Transport for NSW v Robinson [2018] NSWCATAP 123 Texts Cited: Nil Category: Principal judgment Parties: Greg Miskelly (Applicant) Roads and Maritime Services (First Respondent) Premier of NSW (Second Respondent) Representation: Counsel: D Birch (Respondent)