Learmouth v Secretary, Department of Education [2020] NSWCATAD 109

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Learmouth v Secretary, Department of Education [2020] NSWCATAD 109 Hearing dates: 20 September and 22 October 2019 Date of orders: 21 April 2020 Decision date: 21 April 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C A Mulvey, Senior Member Decision: (1) The statement made on 23 July 2019 and evidence of Jennifer Richardson is not to be disclosed to the applicant or published pursuant to sections 64(c) and (d) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The respondent is to conduct a further search within 28 days in relation to: (a) records and correspondence to and from Beverley Maunder and Michael Clarke regarding Brookvale Public School football parking fundraiser 18 March 2018 to/from email beverley.maunder@det.nsw.edu.au, brookvalepublicschool-president@pandcaffiliate.org.au and michael.clarke@fwo.gov.au. (b) records relating to application for change of school application for out of area enrolment held by Peta Hanson (Principal, Beacon Hill Public School), Beverley Maunder (Principal, Brookvale PS) and Julie Kennedy (Director, Department of Education). (3) In all other respects the decision of the respondent is affirmed. Catchwords: ADMINISTRATIVE LAW – government information – reasonable searches – disclosure against public interest Legislation Cited: Administrative Decisions Review Act 1997(NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: AIN v Medical Council (New South Wales) [2013] NSWADT 112 at 155 Beesley v Commissioner of Police, New South Wales Police Service [2000] NSWADT 52 Camilleri v Commissioner of Police, New South Wales Police Force [2012] NSWADT 5 Cianfrano v Premier's Department [2006] NSWADT 137 Colefax v Department of Education and Communities (No 1) [2013] NSWADT 42 Colefax v Department of Education and Communities (No 2) [2013] NSWADT 130 Commissioner of Police (New South Wales) v Camilleri [2012] NSWADTAP 19 Commissioner of Police (NSW) v Danis [2017] NSWCATAP 7 Ferns v Commissioner of Corrective Services (2007) NSWADT 298 Hemeon v Commissioner of Police, New South Wales Police Service (2002) NSWADT 201 Hula v Commissioner of Police (NSW) [2013] NSWADT 153 at 32 Jenkinson v Department of Education and Communities [2013] NSWADT 280; Loussikian v University of Sydney [2018] NSWCATAD 140 McInnes v New South Wales Department of Education and Communities [2013] NSWADT 219; McKinnon v Blacktown City Council [2012] NSWADT 44 Miriani v Commissioner of Police, New South Wales Police Force (2005) NSWADT 187 Re Anti-Fluoridation Association of Victoria and Secretary, Department of Health [1985] AATA 201; (1985) 8 ALD 163 Shepherd v Department of Housing Local Government and Planning (1994) 1 QAR 464 Singh v Legal Aid Commission (No.2) [2015] NSWCATAD 5 Troskie v New South Wales Department of Education and Communities [2014] NSWCATAD 155 Turner v Corrective Services (New South Wales) (2013) NSWADT 39 YG and GG v Minister for Community Services [2002] NSWCA 247 Zonnevylle v Department of Education and Communities [2016] NSWCATAD 49 Category: Principal judgment Parties: Michelle Learmouth (Applicant) Secretary, Department of Education (Respondent) Representation: Solicitors: Applicant (Self Represented) S Butler (Respondent) File Number(s): 2019/00133891 Publication restriction: The publication and disclosure of the evidence and statement of Jennifer Richardson made 23 July 2019 is prohibited pursuant to sections 64(c) and (d) of the Civil and Administrative Tribunal Act 2013 (NSW).