EDD v Secretary, Department of Communities and Justice [2019] NSWCATAD 255

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EDD v Secretary, Department of Communities and Justice [2019] NSWCATAD 255 Hearing dates: 11 September 2019 Date of orders: 12 December 2019 Decision date: 12 December 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: (1) The disclosure of the names of the applicant and her husband is prohibited. (2) The respondent's decision is affirmed. Catchwords: ADMINISTRATIVE LAW - Access to information – Client legal privilege – Whether privilege established – Whether the client was the department or the Secretary of the department - Whether the client had authorised Departmental officers to provide instructions on client's behalf – Whether solicitors purporting to act for Crown Solicitor had authority to do so – Whether legal professional privilege lost on account of fraud Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Government Information (Public Access) Act 2009 (NSW) Government Sector Employment Act 2013 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) Administrative Arrangements (Administrative Changes—Public Service Agencies) Order 2019 NSW) Cases Cited: AIN v Medical Council of New South Wales [2015] NSWCATAP 241 Amcor Ltd v Barnes [2011] VSC 341 Cargill Australia Ltd v Viterra Malt Pty Ltd [2017] VSC 126 Colefax v Department of Education and Communities [2013] NSWADT 75 Darley Australia Pty Ltd v Walfertan Processors Pty Ltd (2012) 188 LGERA 26; [2012] NSWCA 48 Director of Public Prosecutions (NSW) v Stanizzo [2019] NSWCA 12 Equiticorp Finance Ltd (in liq) v Bank of New Zealand (1993) 32 NSWLR 50 Hill v Woollahra Municipal Council [2003] NSWCA 106; (2003) 127 LGERA 7 Idoport Pty Ltd v National Australia Bank Ltd [2001] NSWSC 222 Industrial Equity Ltd v Deputy Commissioner of Taxation (1990) 170 CLR 649 Kang v Kwan [2001] NSWSC 698 Lauvan Pty Ltd v Bega [2018] NSWSC 154 Minister for Natural Resources v New South Wales Aboriginal Land Council (1987) 9 NSWLR 154 Osborne v The Queen [2014] NSWCCA 17; 238 A Crim R 417 Starr v Superannuation Administration Corporation [2015] NSWCATAD 76 Van Der Lee v New South Wales [2002] NSWCA 286 Texts Cited: None cited Category: Principal judgment Parties: EDD (Applicant) Secretary, Department of Communities and Justice (Respondent) Representation: Solicitors: Applicant (Self represented) R Jeyasingam , Department of Communities and Justice Legal (Respondent) File Number(s): 2019/0085948 Publication restriction: The disclosure of the names of the applicant and her husband is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).