Kirkby & Gibbs v Department of Premier and Cabinet [2020] NSWCATAD 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kirkby & Gibbs v Department of Premier and Cabinet [2020] NSWCATAD 39 Hearing dates: 9 October 2019, 4 November 2019 Date of orders: 04 February 2020 Decision date: 04 February 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) The decision under review is affirmed. Catchwords: Administrative Law – Government information - reveal a deliberation or consultation conducted, or an opinion, advice or recommendation given - prejudice the effective exercise by an agency of the agency's functions - found an action against an agency for breach of confidence - prejudice the conduct, effectiveness or integrity of any audit, test, investigation or review - endanger the security of, or prejudice any system or procedure for protecting any place, property or vehicle - reveal an individual's personal information - expose a person to a risk of harm or of serious harassment or serious intimidation - diminish the competitive commercial value of any information to a person - prejudice any person's legitimate business, commercial, professional or financial interests - prejudice the conduct, effectiveness or integrity of any research - prejudice the conservation of any place or object of natural, cultural or heritage value Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Cases Cited: McEwan v Port Stephens Council [2018] NSWCATAP 211 Office of Environment and Heritage v Scenic NSW Pty Ltd [2019] NSWCATAP 176 Office of Environment and Heritage v Scenic NSW Pty Ltd [2019] NSWCATAP 87 Scenic NSW Pty Ltd v Office of Environment & Heritage [2019] NSWCATAD 7 Webb v Port Stephens Council (No. 3) [2018] NSWCATAP 286 Webb v Port Stephens Council [2019] NSWCATAD 47 Texts Cited: None cited Category: Principal judgment Parties: Jacqueline Kirkby (First Applicant) Peter Gibbs (Second Applicant) Department of Premier and Cabinet (Respondent) Scenic NSW Pty Ltd (Intervenor) Representation: Solicitors: Crown Solicitor (Respondent) Mills Oakley (Intervenor)