Turner v Department of Planning and Environment [2019] NSWCATAD 166

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Turner v Department of Planning and Environment [2019] NSWCATAD 166 Hearing dates: On the papers Date of orders: 19 August 2019 Decision date: 19 August 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: (1) The decision under review is varied to the extent that the November 2016 draft PSM report and February 2017 draft peer review reports by Professor Jim Galvin and Dr Colin Mackie are to be released to the applicant. (2) The decision under review is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – freedom of information – preliminary draft expert report – whether release could reasonably be expected to prejudice the effective exercise of agency's functions – effect upon availability of experts to assist agency – consideration of broader circumstances where expert does not object to disclosure Legislation Cited: Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Attorney-General's Department v Cockcroft (1986) 10 FCR 180 Australian Vaccination Network v Department of Finance and Services [2013] NSWADT 60 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADATP 19 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] NSWADT 298 Category: Principal judgment Parties: Peter Turner (Applicant) Department of Planning and Environment (Respondent) Representation: Solicitor: Applicant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2018/00344791 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the material filed by the respondents on a confidential basis. That material is not to be released to either the applicant or to the public.