CBL v Sydney Water Corporation

[2017] NSWCATAD 220

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	CBL v Sydney Water Corporation [2017] NSWCATAD 220
Hearing dates:	25 November 2016
Date of orders:	06 June 2017
Decision date:	06 June 2017
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	Hennessy LCM, Deputy President
Decision:	The publication or broadcast of the name of the applicant is prohibited.
Catchwords:	PRACTICE AND PROCEDURE – non-publication order
Legislation Cited:	Civil and Administrative Tribunal Act 2013 (NSW), s 64 Public Interest Disclosures Act 1994 (NSW), s 22
Category:	Procedural and other rulings
Parties:	CBL (Applicant) Sydney Water Corporation (Respondent)
Representation:	Applicant (self-represented) S Spargo (Corporate Compliance Manager Sydney Water Corporation) (Respondent) B Atkinson (University Lawyer Southern Cross University) (third party)
File Number(s):	2016/00378200
Publication restriction:	See orders

REASONS FOR DECISION

1. On 6 June 2017, at CBL’s request, I made the following order:

The publication or broadcast of the name of the applicant is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013. Note: A Reference to the name of person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.

2. CBL has asked for written reasons for that decision.

3. On 7 December 2016 I delivered a decision granting Southern Cross University’s application to appear and be heard in the proceedings but refusing their application to be joined as a party: CBL v Sydney Water Corporation [2016] NSWCATAD 287. On 12 December 2016, a week after the decision was handed down, CBL lodged an application that his name be anonymised in these proceedings. No decision was made in relation to that application at the time.

4. On 6 June 2016 the proceedings were dismissed because CBL had withdrawn the application. At the same time, CBL renewed his application for a non-publication order. Sydney Water Corporation did not oppose the application.

5. Section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) gives the Tribunal power to prohibit the publication of the name of any person if it is “satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or for any other reason … “. As Sydney Water Corporation had no objection to CBL’s name being anonymised in the decision delivered on 7 December 2016, I made that order. I did not consider CBL’s reasons in support of that application given on 12 December 2016 that publication of the proceedings would reveal personal information about him and there is a statutory obligation as to confidentiality as set out in s 22 of the Public Interest Disclosures Act 1994 (NSW).

Orders

6. The publication or broadcast of the name of the applicant in these proceedings is prohibited.

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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