Salmon v Corrective Services NSW

[2016] NSWCATAD 257

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	Salmon v Corrective Services NSW [2016] NSWCATAD 257
Hearing dates:	19 October 2015; 4 November 2015; 20 November 2015; 10 February 2016 and 24 March 2016
Date of orders:	15 November 2016
Decision date:	15 November 2016
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	S Montgomery, Senior Member
Decision:	(1) The decision under review is set aside. (2) The decision is made that the email response from Marc Riviere to the Manager, Information Access & Privacy United dated on or around 13 December 2013 is released. (3) The application for a referral pursuant to section 112 of the Government Information (Public Access) Act 2009 is refused. (4) The Respondent, and any other person, is prohibited from publishing those headings and paragraphs of these reasons identified as “not for publication”.
Catchwords:	ADMINISTRATIVE LAW – access to government information – access application – whether release would expose a person to a risk of harm or of serious harassment or serious intimidation
Legislation Cited:	Government Information (Public Access) Act 2009 Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Administration of Sentences) Act 1999
Cases Cited:	"B" and Brisbane North Regional Health Authority, Re [1994] QICmr 1; (1994) 1 QAR 279 AEZ v Commissioner of Police NSW Police Force [ 2013] NSWADT 90 Attorney General’s Department v Cockcroft (1986) 10 FCR 180 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 McKinnon v Blacktown City Council [2012] NSWADT 44 Salmon v Department of Justice (Corrective Services NSW) [2014] NSWCATAD 160 Searle Australia Pty Limited v Public Interest Advocacy Centre and Another (1992) 108 ALR 163 Smith v Pittwater Council [2016] NSWCATAD 67
Category:	Principal judgment
Parties:	Owen Salmon (Applicant) Corrective Services NSW (Respondent)
Representation:	Solicitors: Owen Salmon (Applicant in person)    Corrective Services NSW (Respondent)
File Number(s):	1510405
Publication restriction:	See order 4.

REASONS FOR DECISION

1. The Applicant lodged an access application with the Respondent under the Government Information (Public Access) Act 2009 ("the GIPA Act) "seeking access to information held by the Respondent. He requested:

1.   A letter forwarded to solicitor Marc Riviere in around November 2013 from the Information Access & Privacy Unit ("record one"); and

2.   An email response from Marc Riviere to the Manager, Information Access & Privacy United dated on or around 13 December 2013 ("the Riviere email").

2. It is common ground Mr Riviere is a solicitor who has represented the Applicant’s ex-wife and her current partner in various legal proceedings including proceedings involving the Applicant.

3. The Respondent located two records falling within the scope of the request. It determined to grant partial access to those records. Access was granted to record one but access to the Riviere email was refused. The initial refusal was on the basis of a claim for legal professional privilege. It was asserted that legal professional privilege had been claimed over it and that pursuant to clause 5(1) of Schedule 1 to the GIPA Act, it is conclusively…