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[2024] NSWCATAD 226
NCAT Administrative and Equal Opportunity
2024-06-11
Original judgment source is linked above.
REASONS FOR DECISION
Background Facts
Original Decision -15 August 2022
IPC Report - 12 December 2022
Application to the Tribunal - November 2023
Tribunal Orders - 4 December 2023
Internal Review Decision - 19 February 2024
Third parties - request for internal review
The relevant legislation
Public interest considerations and determination
Obligations to search for information
Decisions made on an access application
Internal Review by the agency
Review by the Civil and Administrative Tribunal
Confidential Hearings
The material before the Tribunal
Submissions of the Applicant
The Respondent's submissions
Evidence presented at the Open Hearing
Evidence of Mr Sut
Evidence presented at the Confidential Hearing
Jurisdiction and role of the Tribunal
Limitations on the role of the Tribunal
The role of the Tribunal
Issue 1 - Information that is "out of scope"
Issue 2 - "Not held"
Conclusion on searches undertaken
Issue 3 - Consideration of factors under the GIPA Act relating to disclosure
Public Interest Considerations in favour of disclosure
Section 12 of the GIPA Act
Factors relevant to the Applicant
Public interest considerations against disclosure
3(a) - personal information
Clause 3(e) - reveal false or unsubstantiated allegations about a person that are defamatory
3(f) - risk of harm, serious harassment or serious intimidation
Legal Professional Privilege
Conclusion - the balancing exercise
Orders 1. The decision under review is set aside. 2. The matter is remitted to the Council which is directed to grant access to the Applicant of information not previously released in accordance with paragraph 112 of these reasons for decision. 3. The Council is to confirm in writing to the Tribunal, by no later than Friday 13 September 2024, that Order 2 has been complied with. 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: 08 August 2024
Webster
Bayside Council
[2009] ACTSC 39
(2009) 238 CLR 460
(1992) 108 ALR 163
[2009] HCA 16