Forbidden Foods Pty Ltd v Rice Marketing Board of New South Wales [2020] NSWCATAD 18

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Forbidden Foods Pty Ltd v Rice Marketing Board of New South Wales [2020] NSWCATAD 18 Hearing dates: 28 August, 13, 20 September 2019 Date of orders: 16 January 2020 Decision date: 16 January 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: L Pearson, Principal Member Decision: (1) The decision under review dated 11 March 2019 is varied as follows: (a) By consent, the applicant is granted access to the following information: (i) Document 1: Letter from RMB to SunRice 19 August 2013; (ii) Document 3: Letter from RMB to SunRice 31 July 2014; (iii) Document 5: Letter from RMB to SunRice 31 July 2015; (iv) Document 7: Letter from RMB to SunRice 7 July 2016 (without attachment); (v) Document 9: Letter from RMB to SunRice 10 July 2017; (vi) Document 23: Letter from RMB to SunRice 10 September 2014; (vii) Document 24: Letter from SunRice to RMB 2 October 2014; (viii) Document 29: 2016 Submission to Review of Rice Vesting (subject to redactions); and (b) Within 28 days of the date of these orders, Documents 2, 4, 6, 8,10, 11,12, 13, 14, 15, 25, 26, and 27 are to be provided to the applicant, with redactions made in accordance with the reasons in paragraph [172]; and (2) The decision under review is otherwise affirmed. Catchwords: GOVERNMENT INFORMATION – access application – public interests in favour of disclosure – public interests against disclosure – whether overriding public interest against disclosure Legislation Cited: Government Information (Public Access) Act 2009 Rice Marketing Act 1983 Cases Cited: Australians for Sustainable Development Inc v Barangaroo Delivery Authority [2013] NSWADT 252 Bourke v Roads and Maritime Services [2012] NSWADT 272 Bright v Eurobodalla Shire Council [2018] NSWCATAD 287 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Destination NSW V Taylor [2019] NSWCATAP 123 Lock the Gate Alliance v Department of Planning and Environment & Department of Premier and Cabinet [2019] NSWCATAD 6 McKinnon v Blacktown City Council [2012] NSWADT 44 Meriton Services Pty Ltd v UrbanGrowth NSW [2017] NSWCATAD 71 Neary v State Rail Authority [1999] NSWADT 107 Newcastle City Council v Newcastle East Residents Action Group [2018] NSWCATAP 254 Raven v University of Sydney [2015] NSWCATAD 104 Selby v Commissioner of Police, NSW Police Force [2013] NSWADT 61 Singh v Legal Aid Commission (No 2) [2015] NSWCATAD 5 Sitel and Employment Advocate [2005] AATA 617 Taylor v Office of Destination NSW [2018] NSWCATAD 195 Transport NSW v Searle [2018] NSWCATAP 93 Texts Cited: None cited Category: Principal judgment Parties: Forbidden Foods Pty Ltd (Applicant) Rice Marketing Board of New South Wales (Respondent) Ricegrowers Ltd t/as SunRice (First Intervenor) Information and Privacy Commissioner (Second Intervenor) Representation: Counsel: D Birch (Applicant) B Tronson (Intervenor)