Johnson v Secretary, Department of Communities and Justice [2020] NSWCATAD 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Johnson v Secretary, Department of Communities and Justice [2020] NSWCATAD 23 Hearing dates: 16 October 2019 Date of orders: 20 January 2020 Decision date: 20 January 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: (1) The decision of the respondent is varied as follows: (a) The respondent is to release the information on page 5 of the attachments to the investigation report as described at paragraph 93 of these reasons. (2) The decision is otherwise affirmed. Catchwords: FREEDOM OF INFORMATION – government information - misconduct investigation into allegations of breach of confidence and privacy – witness evidence received in confidence – results of investigation – personal information – personal factors. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Children and Young Persons (Care and Protection) Act 1998 Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: AFW v WorkCover Authority of NSW [2013] NSWADT 51 Ansoul v City of Sydney [2017] NSWADTAD 65 Australian Broadcasting Tribunal (No. 2) (1985) 7 ALD 584 Battin v University of New England [2013] NSWADT 73 Camilleri v Commissioner of Police (NSW) [2013] NSWADT 80 Crewdson v Central Sydney Area Health Service [2002] NSWCA 345 Department of Education and Training v Mullett (No. 2) [2002] NSWADTAP 29 Hall v Roads and Maritime Services [2012] NSW ADT 239 Hurst v Wagga Wagga City Council [2011] NSWADT 307 MJ v Department of Education and Commerce [2013] NSWADT 213 McLennan v University of New England [2013] NSWADT 113 Raven v The University of Sydney [2015] NSWCATAD 104 Re Actors Equity Association of Australia and Smith v Pittwater Council [2016] NSWCATAD 67 Selby v Commissioner of Police (NSW) [2013] NSWADT 61 Texts Cited: Robinson, New South Wales Administrative Law Category: Principal judgment Parties: Darlene Johnson (Applicant) Secretary, Department of Communities and Justice (Respondent) Representation: Solicitors: Applicant (Self Represented) Office of General Counsel, Department of Communities and Justice (Respondent) File Number(s): 2019/00089523 Publication restriction: Evidence and submissions made in the absence of the applicant and documents marked "Confidential" are not to be published or disclosed to the applicant pursuant to s 107 of the Government Information (Public Access) Act 2009. The disclosure of the names of the applicant's grandchild, the grandchild's mother and the employee of the respondent who was the subject of Document 2 is prohibited, pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013.