Johnston v TAFE NSW

[2019] NSWCATAD 152

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	Johnston v TAFE NSW [2019] NSWCATAD 152
Hearing dates:	15 March 2019
Date of orders:	01 August 2019
Decision date:	01 August 2019
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	K Ransome, Senior Member
Decision:	The decision under review is affirmed.
Catchwords:	ADMINISTRATIVE LAW – freedom of information – access to information – legal professional privilege – whether respondent holds further information – access charges – whether information personal information
Legislation Cited:	Government Information (Public Access) Act 2009
Cases Cited:	Amos v Central Coast Council [2018] NSWCATAD 101 Battin v University of New England [2013] NSWADT 73 Camilleri v Commissioner of Police (NSW) [2012] NSWADT 5 Cianfrano v Director General, Attorney General's Department [2008] NSWADTAP 10 Fenwick v Wambo Coal Pty Ltd (No 2) [2011] NSWSC 353 Miriani v Commissioner of Police (NSW) [2005] NSWADT 187 Mizzi v Commissioner of Police (NSW) [2013] NSWADT 150 Pratt Holdings Pty Ltd v Commissioner of Taxation (2004) 136 FCR 357 Saggers v Environment Protection Authority [2013] NSWADT 109 Shepherd and Department of Housing, Local Government and Planning (1994) 1 QAR 464 Tebbutt v Minister for Lands and Water [2015] NSWCATAD 95 Trade Practices Commission v Sterling (1979) 36 FLR 244 Waterford v Commonwealth (1987) 163 CLR 54 Watson v NSW Trustee and Guardian (No 2) [2016] NSWCATAD 19
Category:	Principal judgment
Parties:	Phillip Johnston (Applicant) TAFE NSW (Respondent)
Representation:	P Johnston (Applicant in person) A Flechnoe-Brown (Respondent)   Solicitors: Clayton Utz (Respondent)
File Number(s):	2018/00204300
Publication restriction:	Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the material filed by the respondent on a confidential basis, to the evidence given in private before the Tribunal and to the record of that part of the proceedings conducted in private pursuant to s 49. That material is not to be released to either the applicant or to the public.

REASONS FOR DECISION

1. In early 2018 Mr Phillip Johnston, who had previously been an employee of TAFE NSW, sought to enrol in the Certificate IV in Business Administration at Northern Sydney Institute Meadowbank Campus. On 22 February 2018 he was informed that his enrolment could not be finalised and was directed not to attend classes until the status of his enrolment was resolved. That occurred on 27 April 2018 when he was informed by TAFE NSW that his enrolment would be accepted, subject to certain conditions being fulfilled including that he enter into a Student Behavioural Agreement on terms determined by TAFE NSW. As I understand it, Mr Johnston refused to enter into the agreement and did not enrol in the course.

2. Mr Johnston originally made an application to TAFE NSW under the Government Information (Public Access) Act 2009 (GIPA Act) on 9 April 2018 seeking access to a range of information concerning his attempt to enrol in the Business Administration course. This application was subsequently amended. Following communication with Mr Johnston, TAFE NSW formed the view that the application was in fact invalid…