Beregi v Department of Planning, Industry and Environment [2019] NSWCATAD 253

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Beregi v Department of Planning, Industry and Environment [2019] NSWCATAD 253 Hearing dates: 18 September 2019 Date of orders: 09 December 2019 Decision date: 09 December 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: (1) The name of the respondent is amended to Department of Planning, Industry and Environment. (2) In matter 2018/00205665 information previously withheld and not contained in the Schedule attached to this Decision is released to the applicant. (3) The decision in matter 2018/00205665 is otherwise affirmed. (4) In matter 2018/00349983 information previously withheld and not contained in the Schedule attached to this Decision is released to the applicant. (5) The decision in matter 2018/00349983 is otherwise affirmed. Catchwords: Administrative Law – Freedom of Information – access application – excluded information – meaning of "complaint handling and investigative functions" – whether consent to release – consent must be in relation to access application and not release otherwise Legislation Cited: Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Local Government Act 1993 Cases Cited: Broadribb v Medical Council of New South Wales [2018] NSWCATAD 213 Colakovski v Australian Telecommunications Corporation (1991) 100 ALR 11 DF v Director General, Attorney General's Department [2002] NSWADT 164 Miller v Director of Public Prosecutions [2012] NSWADT 38 Pertsinidis v Illawarra Shoalhaven Local Health District [2014] NSWCATAD 130 Watson v NSW Trustee and Guardian [2015] NSWCATAD 139 Yee v Medical Council of NSW [2017] NSWCATAD 370 Texts Cited: Nil Category: Principal judgment Parties: MaryAnn Beregi (Applicant) Department of Planning, Industry and Environment (Respondent) Representation: M Beregi (Applicant in person)