All Class Training Pty Ltd v Safework NSW - [2025] NSWCATAD 148

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: All Class Training Pty Ltd v Safework NSW [2025] NSWCATAD 148
Hearing dates: 12 May 2025
Date of orders: 19 June 2025
Decision date: 19 June 2025
Jurisdiction: Administrative and Equal Opportunity Division
Before: J Smith, Senior Member
Decision:
(1) The decision under review is set aside.
(2) The Respondent is to give the Applicant an unredacted copy of the draft and final versions of the outcome report within seven (7) days of the publication of this decision.

Catchwords:
ADMINISTRATIVE LAW – administrative review –Government information – outcome report of an investigation into a complaint made by the Applicant against the Respondent - balancing competing public interest factors in favour of and against disclosure

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 Act 1988 (NSW)

Cases Cited:
Commissioner of Police, NSW Police Force v Barrett [2015] NSWCATAP 68
Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19
EHW v Secretary, Department of Education [2022] NSWCATAD 140
Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286
Hau v South Eastern Sydney Local Health District [2024] NSWCATAD 359
Hurst v Wagga City Council [2011] NSWADT 307
McKinnon v Blacktown City Council [2012] NSWADT 44
Newcastle City Council v Newcastle East Residents Action Group Inc [2018] NSWCATAP 254
Rees v Safework NSW [2023] NSWCATAD 325
Ryan v NSW Minister for Planning and Open Spaces [2021] NSWCATAD 22
Ryan v NSW Minister for Planning and Open Spaces [2021] NSWCATAP 221
Taylor v Destination NSW [2017] NSWCATAD 272
Thomson v Commissioner of Police [2021] NSWCATAD 53
Wall v University of Sydney (2008) NSWADT 213
Woolley v Lismore City Council [2013] NSWADT 10

Texts Cited:
None cited

Category: Principal judgment
Parties: All Class Training Pty Ltd (Applicant)
Safework NSW (Respondent)
Representation: Applicant (Self-Represented)
Department of Customer Service (Respondent)

File Number(s): 2024/00472322
Publication restriction: None

REASONS FOR DECISION

Decision

The Applicant, All Class Training Pty Ltd, seeks access under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act) to unredacted copies of an outcome report held by the Respondent, Safework NSW, which relates to an investigation of a complaint the Applicant made about one of the Respondent’s employees.
Following an internal review, the Respondent provided the Applicant access to the draft and final version of the outcome report, but redacted certain parts of the outcome report on the basis that there was an overriding public interest against disclosure. The Applicant seeks that the Tribunal review this decision.
The Tribunal has decided to set aside the decision under review and grant the Applicant access to unredacted copies of the draft and final versions of the outcome report because the public interests in favour of disclosure outweigh the public interests against disclosure.

Background

The Applicant is a Registered Training Organisation and offers courses in high risk work activities such as forklift training, rigging, and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading All Class Training Pty Ltd v Safework NSW

Details

AGLC: All Class Training Pty Ltd v Safework NSW [2025] NSWCATAD 148
Case: [2025] NSWCATAD 148
Decision Date: 19 June 2025

CaseChat Overview and Summary

All Class Training Pty Ltd brought an application for judicial review of a decision by Safework NSW to withhold certain information in an outcome report of an investigation into a complaint. The Federal Court of Australia was asked to review the decision.

The central legal issue was whether Safework NSW was justified in withholding certain information in the outcome report under section 11A of the Government Information (Public Access) Act 2009 (NSW). This section allows for the withholding of information if disclosure would be detrimental to the public interest. The applicant argued that the public interest in transparency and accountability outweighed any public interest in withholding the information.

The court held that Safework NSW was not justified in withholding the information. The court found that the public interest in transparency and accountability was significant and that the potential harm to the public interest in withholding the information was not sufficiently demonstrated. The court noted that the report was intended to provide information to the public and that withholding certain information would undermine the purpose of the report. The court set aside the decision and ordered Safework NSW to provide the applicant with an unredacted copy of the draft and final versions of the outcome report within seven days.

Orders

Orders of the court

(1) The decision under review is set aside.

(2) The Respondent is to give the Applicant an unredacted copy of the draft and final versions of the outcome report within seven (7) days of the publication of this decision.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	All Class Training Pty Ltd v Safework NSW [2025] NSWCATAD 148
Hearing dates:	12 May 2025
Date of orders:	19 June 2025
Decision date:	19 June 2025
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	J Smith, Senior Member
Decision:	(1) The decision under review is set aside. (2) The Respondent is to give the Applicant an unredacted copy of the draft and final versions of the outcome report within seven (7) days of the publication of this decision.
Catchwords:	ADMINISTRATIVE LAW – administrative review –Government information – outcome report of an investigation into a complaint made by the Applicant against the Respondent - balancing competing public interest factors in favour of and against disclosure
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 Act 1988 (NSW)
Cases Cited:	Commissioner of Police, NSW Police Force v Barrett [2015] NSWCATAP 68 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 EHW v Secretary, Department of Education [2022] NSWCATAD 140 Flack v Commissioner of Police, New South Wales Police [2011] NSWADT 286 Hau v South Eastern Sydney Local Health District [2024] NSWCATAD 359 Hurst v Wagga City Council [2011] NSWADT 307 McKinnon v Blacktown City Council [2012] NSWADT 44 Newcastle City Council v Newcastle East Residents Action Group Inc [2018] NSWCATAP 254 Rees v Safework NSW [2023] NSWCATAD 325 Ryan v NSW Minister for Planning and Open Spaces [2021] NSWCATAD 22 Ryan v NSW Minister for Planning and Open Spaces [2021] NSWCATAP 221 Taylor v Destination NSW [2017] NSWCATAD 272 Thomson v Commissioner of Police [2021] NSWCATAD 53 Wall v University of Sydney (2008) NSWADT 213 Woolley v Lismore City Council [2013] NSWADT 10
Texts Cited:	None cited
Category:	Principal judgment
Parties:	All Class Training Pty Ltd (Applicant) Safework NSW (Respondent)
Representation:	Applicant (Self-Represented) Department of Customer Service (Respondent)
File Number(s):	2024/00472322
Publication restriction:	None