Amos v Western NSW Local Health District

Amos brought a proceeding against the Western NSW Local Health District in the NSW Civil and Administrative Tribunal. The dispute revolves around the disclosure of information obtained during an investigation into Amos’s conduct. The case was heard in the Tribunal, which is tasked with determining the appropriate disclosure of sensitive information in this context. The central legal issues before the Tribunal were whether the Respondent should be compelled to disclose a list of witnesses upon whose evidence it relies, and whether the unredacted Investigation Report and “closed” witness statements should be received and considered in the absence of the public, the Applicants and the Applicants’ legal representatives.

The Tribunal considered the statutory framework provided by the Government Information (Public Access) Act 2009 (NSW). It found that the Respondent was required to provide the Applicant with a list of witnesses upon whose evidence it relied within three days, as well as an “open” affidavit or statement from each of those witnesses. The Tribunal also determined that, pursuant to section 107(3) of the GIPA Act, it would receive the unredacted Investigation Report and “closed” witness statements in the absence of the public, the Applicants and the Applicants’ legal representatives. The Tribunal reasoned that this was necessary to protect the privacy and safety of the witnesses, as well as to ensure the integrity of the investigation process. The Tribunal further decided that it would hear argument at the substantive hearing regarding the unredacted Investigation Report, interview transcripts, and “closed” witness statements in the same closed setting.

The final orders of the Tribunal were that the Respondent was to provide the Applicant with a list of witnesses upon whose evidence it relied within three days, and an “open” affidavit or statement from each witness within the same timeframe. The Tribunal also ordered that the unredacted Investigation Report and “closed” witness statements would be received and considered in the absence of the public, the Applicants and the Applicants’ legal representatives, as well as during the substantive hearing. These orders reflect the delicate balance between the public’s right to access information and the need to protect sensitive information in the context of ongoing investigations.