Ampcontrol Limited v Department of Planning, Industry and Environment [2020] NSWCATAD 98

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ampcontrol Limited v Department of Planning, Industry and Environment [2020] NSWCATAD 98 Hearing dates: 12 February 2020 Date of orders: 08 April 2020 Decision date: 08 April 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: (1) The name of the respondent in the proceedings is amended to Department of Planning, Industry and Environment. (2) The decision of the respondent is varied by granting access to the information listed in the Schedule to these reasons to the applicant. (3) The respondent's decision is otherwise affirmed. Catchwords: ADMINISTRATIVE LAW – government information – whether information held by respondent – adequacy of search – legal professional privilege Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: AIN v Medical Council of New South Wales [2015] NSWCATAP 241 AWB Limited v Honourable Terence Rhoderic Hudson Cole (No 5) [2006] FCA 1234 Beesley v Commissioner of Police, New South Wales Police Service [2000] NSWADT 52 Camilleri v Commissioner of Police, NSW Police Force [2012] NSWADT 5 General Manager, WorkCover Authority of NSW v Law Society of NSW [2006] NSWCA 84 Hemeon v Commissioner of Police, New South Wales Police Service [2002] NSWADT 201 Shepherd and Department of Housing, Local Government and Planning (1994) 1 QAR 464 Southland Coal Pty Ltd (receivers and managers appointed) (in liq) (2006) NSWSC 899 Transport for NSW v Robinson [2018] NSWCATAP 123 Waterford v The Commonwealth of Australia (1987) 163 CLR 54 Zonnevylle v Department of Finance, Services and Innovation [2017] NSWCAT 186 Category: Principal judgment Parties: Ampcontrol Limited (Applicant) Department of Planning, Industry and Environment (Respondent) Representation: Solicitors: Keystone Lawyers (Applicant) Crown Solicitor (Respondent) File Number(s): 2019/00238925 Publication restriction: (1) The publication or disclosure of the confidential portion of the hearing in these proceedings is prohibited under s 64(1)(b) of the Civil and Administrative Tribunal Act 2013. (2) The disclosure to Ampcontrol Limited of the content of documents in the Confidential Bundle is prohibited under s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 except as permitted in these reasons. (3) The paragraphs in these reasons marked "Not for publication" are not to be published or disclosed pursuant to s 64(1)(b) of the Civil and Administrative Tribunal Act 2013.