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[2017] NSWCATAD 51
NCAT Administrative and Equal Opportunity
2016-07-12
Original judgment source is linked above.
REASONS FOR DECISION
The Redetermination decision
Action following the redetermination
Issues for determination
The Applicable legislation
Section 55 considerations
Could reasonably be expected
The material before the Tribunal
Public interest considerations against disclosure
(1)(d) - Prejudice supply of confidential information that facilitates effective exercise of the agency's functions
Consideration
Where does the balance lie?
(1)(f) - Prejudice the effective exercise by an agency of the agency's functions
Consideration
(1)(g) - Found an action for breach of confidence or otherwise result in the disclosure of information provided in confidence
(1)(h) Prejudice effectiveness of investigation by revealing its purpose conduct or results
(3)(a) and 3(b) reveal a person's personal information and contravene an information protection principle
Weighing the public interest
Orders 1. The decision of the NSW Department of Education to refuse to provide the Applicant with access to the statement by a staff member made on 11 December 2015 about an incident involving the Applicant is affirmed. I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales. Registrar DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 10 February 2017
Jones
NSW Department of Education
(1992) 108 ALR 163