Cousins v Ambulance Service (NSW)

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	Cousins v Ambulance Service of New South Wales [2014] NSWCATAD 48
Hearing dates:	12 December 2013
Decision date:	23 April 2014
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	S Higgins, Principal Member
Decision:	The decision of the respondent is varied in accordance with paragraph 86 of these reasons for decision.
Catchwords:	Government information - form of access - proper construction of s 72(2)(d) - whether there is an overriding public interest in the disclosure of the information in the way requested by the applicant - whether access to the requested information, in the form requested, would interfere unreasonably with the operations of the agency - whether listening to the recording of the information at the offices of the respondent is an alternative form of access
Legislation Cited:	Administrative and Civil Tribunal Act 2013 Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Freedom of Information Act 1989 (repealed) Government Information (Public Access) Act 2009 Health Services Act 1997
Cases Cited:	Attorney-General's Department v Cockcroft (1986) 10 FCR180 Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Turner v Corrective Services NSW (no 2) [2013] NSWADT 232 Warren v NSW Trustee and Guardian [2013] NSWADT 178
Category:	Principal judgment
Parties:	Christopher John Cousins (applicant) Ambulance Service of New South Wales (respondent)
Representation:	C Cousins (Applicant in person) M Bragg (Respondent)
File Number(s):	133256

reasons for decision

1. The applicant (Christopher John Cousins) seeks review of a decision of the respondent (Ambulance Service of New South Wales), made in regard to his application for access to specified information held by the respondent.

1. The applicant's application was made, in March 2013, pursuant to the Government Information (Public Access) Act 2009 (GIPA Act) and he requested a copy of the recordings of the communications (telephone and radio) between himself and the respondent's Northern Control Centre that were made late in the afternoon of 20 September 2012. The communications related to an urgent dispatch allocation, by the Manager of the Northern Control Centre, to the ambulance the applicant was driving at that time. The allocation was made in response to a triple zero request received by the Control Centre. The allocation came towards the end of the applicant's shift and the applicant appears to have had some concerns about being able to complete all his tasks before his shift was due to end.

1. Subsequent to these communications, on 29 September 2012, the applicant was advised that a written complaint had been made about his 'attitude and reluctance to carry out emergency work as requested' in regard to the allocation on the afternoon of 20 September. The applicant was given a copy of the written complaint and he was asked to provide a response to the complaint. I understand the applicant has not responded and has pursued access to a copy of the recordings for this purpose.

1. In his March 2013 access…