DQN v University of Sydney [2019] NSWCATAD 159

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DQN v University of Sydney [2019] NSWCATAD 159 Hearing dates: 19 February 2019 Date of orders: 14 August 2019 Decision date: 14 August 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: (1) The decision of the respondent made on 23 April 2018 and as varied on 19 February 2019 is affirmed. Catchwords: ADMINISTRATIVE LAW – Freedom of information – Access to information concerning a preliminary assessment report of a complaint made by the applicant – whether there is public interest against the disclosure of the information sought and on balance, that public interest against disclosure overrides the public interest in favour of disclosure – confidential information – personal information of a person other than the applicant Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (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 Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Battin v University of New England [2013] NSWADT 73 Commissioner of Australian Federal Police v Zhao [2015] HCA 5; (2015) CLR 46 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 CYL v YZA [2017] NSWCATAP 105 Diehm v Greater Taree City Council [2010] NSWADT 241 Director-General Department of Education and Training v Mullett [2002] NSWADTAP 13 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Kostov v Ecclesia Housing Limited (No 3) [2018] NSWCATAP 221 Leech v Sydney Water Corporation [2010] NSWADT 298 McLennan v University of New England [2013] NSWADT 113 Texts Cited: None cited Category: Principal judgment Parties: DQN (Applicant) University of Sydney (Respondent) Representation: Counsel: B Tronson (Respondent)