Lemon v Department of Planning and Environment [2019] NSWCATAD 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lemon v Department of Planning and Environment [2019] NSWCATAD 148 Hearing dates: 26 June 2019 Date of orders: 01 August 2019 Decision date: 01 August 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: G Blake AM SC, Senior Member Decision: 1. The name of the respondent be changed to the Department of Planning and Environment. 2. The decision made on 21 December 2018 of the respondent to refuse to provide full access to the document "Incident Investigation Report - Aggression, conflict and other safety matters at Gunnedah Research Centre" and its appendices is set aside and remitted for the respondent to provide further partial access to the applicant in accordance with these reasons. 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) Civil and Administrative Tribunal Act 2013 (NSW) Freedom of Information Act 1989 (NSW) Government Information Public Access Act 2009 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: Alexander v University of Sydney [2008] NSWADT 214 Ansoul v City of Sydney [2017] NSWCATAD 65 Burke v Health Education and Training Institute [2016] NSWCATAD 194 CCB v Department of Education and Communities [2015] NSWCATAD 145 Collins v Department Finance, Services & Innovation [2018] NSWCATAD 60 Commissioner of Police NSW Police Force v Camilleri [2012] NSWADTAP 19 Crewdson v Central Sydney Area Health Service [2002] NSWCA 345 Flack v Commissioner of Police, NSW Police Force [2011] NSWADT 286 Hurst v Wagga City Council [2011] NSWADT 307 Kioa v West (1985) 159 CLR 550 Macquarie University v Howell (No. 2) [2009] NSWADTAP 19 Miskelly v Secretary, Department of Education [2019] NSWCATAD 48 Robinson v Department of Health [2002] NSWADT 222 Singh v Legal Aid Commission (No 2) [2015] NSWCATAD 5 The State of Victoria v The Master Builders' Association of Victoria [1995] 2 VR 121 Williams v Department of Industry and Investment [2012] NSWADT 192 Category: Principal judgment Parties: John Malcolm Lemon (Applicant) Department of Planning and Environment (Respondent) Representation: Counsel: G Campbell (Applicant)