Forbidden Foods Pty Ltd v Rice Marketing Board for the State of NSW (No 2) [2020] NSWCATAD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Forbidden Foods Pty Ltd v Rice Marketing Board for the State of NSW (No 2) [2020] NSWCATAD 73 Hearing dates: 6 February 2020 Date of orders: 04 March 2020 Decision date: 04 March 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: L Pearson, Principal Member Decision: (1) The order made under s 64 of the Civil and Administrative Tribunal Act 2009 on 16 January 2020, as varied on 6 February 2020, is further varied: (a) Paragraph (1) (c) is varied to read:

"(c) subject to (2) below, those paragraphs of these reasons identified as [Not for Publication] is prohibited."

(b) Paragraph (2) is varied to read:

"The submissions given in private and the record of that part of the proceedings conducted in private on 28 August 2019, and paragraph [107] of the confidential reasons, may be disclosed to the intervenor Ricegrowers Ltd t/as SunRice." Catchwords: GOVERNMENT INFORMATION – access application – whether overriding public interest against disclosure – publication of reasons – disclosure to intervenor Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Government Information (Public Access) Act 2009 Rice Marketing Act 1983 Cases Cited: Forbidden Foods Pty Ltd v Rice Marketing Board of New South Wales [2020] NSWCATAD 18 Frost v TAFE NSW (No 2) [2019] NSWCATAD 129 Transport for NSW v Searle [2018] NSWCATAP 93 Texts Cited: None cited Category: Procedural and other rulings Parties: Forbidden Foods Pty Ltd (Applicant) Rice Marketing Board for the State of New South Wales (Respondent) Ricegrowers Ltd t/as SunRice (First Intervenor) Information and Privacy Commissioner (Second Intervenor) Representation: Counsel: D Birch (Applicant) M Robinson SC with B Tronson (Respondent)