O’Grady v Sutherland Shire Council [2020] NSWCATAD 50

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: O'Grady v Sutherland Shire Council [2020] NSWCATAD 50 Hearing dates: 20 September 2019 Date of orders: 12 February 2020 Decision date: 12 February 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: The decision of the respondent dated 18 March 2019 in respect of Item 10 is affirmed. Catchwords: ADMINISTRATIVE LAW – Government Information (Public Access) Act -– GIPA – whether agency obliged to create a new record in response to an access application – discretion balanced with objects of the Act Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Freedom of Information Act 1989 (Repealed) State Records Act 1998 Cases Cited: Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 Mannix v Department of Education and Communities [2014] NSWCATAD 35 Project Blue Sky v Australia Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Texts Cited: None cited Category: Principal judgment Parties: Rod O'Grady (Applicant) Sutherland Shire Council (Respondent) Representation: Solicitors: Applicant (Self Represented) K Danysz Solicitor (Respondent) File Number(s): 2019/00155395 Publication restriction: Nil

REASONS FOR decision 1. This is an application for administrative review of a decision of the respondent concerning access to government information under the Government Information (Public Access) Act 2009 (the GIPA Act).