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[2024] NSWCATAD 378
NCAT Administrative and Equal Opportunity
2024-10-24
Original judgment source is linked above.
Introduction
Background
Context
Material before the Tribunal
Confidential Information
Applicant's case
Respondents' case
Jurisdiction
Administrative Review
Legislative Framework
Issue for determination
The withheld information
Public interest considerations in favour of disclosure
Public interest considerations against disclosure
1(d) - prejudice the supply to an agency of confidential information that facilitates the effective exercise of that agency's functions
1(e) - reveal a deliberation or consultation conducted, or an opinion, advice or recommendation given, in such a way as to prejudice a deliberative process of government or an agency
1(f) - prejudice the effective exercise by an agency of the agency's functions
1(g) - found an action against an agency for breach of confidence or otherwise result in the disclosure of information provided to an agency in confidence
1(h) - prejudice the conduct, effectiveness or integrity of any audit, test, investigation or review conducted by or on behalf of an agency by revealing its purpose, conduct or results (whether or not commenced and whether or not completed)
4(d) - prejudice any person's legitimate business, commercial, professional or financial interests
4(b) - reveal commercial-in-confidence provisions of a government contract
The public interest test
Orders 1. The decision under review is affirmed. 2. Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013: 1. other than to the Tribunal and the respondents, disclosure, publication or broadcast of the contents of exhibits CR8 and CR9 received in evidence by the Tribunal on 24 October 2024 is prohibited; and 2. the withheld information remains confidential to the First Respondent and the Tribunal.
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: 12 December 2024
Marrickville Legal Centre
Legal Aid NSW