ECR v Public Guardian [2021] NSWCATAD 141

ECR v Public Guardian [2021] NSWCATAD 141

It is appropriate to order that the confidential bundle (except document 16) is not to be lodged with the Tribunal because disclosure would not be in the best interests of the applicant's mother, could further damage family relationships, prejudice the respondent's ability to act as guardian, could endanger persons involved, and is against the public interest as outlined in the applicable legislation and authorities. The substance of the information has already been provided to the applicant, maintaining procedural fairness.

Parties
Applicant: ECR; Respondent: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
28 May 2021
Procedural Posture
Administrative Review / Interlocutory Application Determined on the Papers
Outcome
Application to exclude documents from Tribunal bundle granted in part.
Legal Topics
Confidential Documents, Suppression Orders, Procedural Fairness, Access to Information, Information Protection Principles
Administrative Law Privacy Law Confidential Documents Suppression Orders Procedural Fairness Access to Information Information Protection Principles

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Parties

ECR

Applicant

NSW Trustee and Guardian

Respondent

Procedural Posture

Administrative Review / Interlocutory Application Determined on the Papers

Legal Issues

  1. 1 Whether confidential documents should be excluded from the Tribunal bundle under s59(2)(b) of the Administrative Decisions Review Act 1997
  2. 2 Whether it is desirable to make a non-disclosure order under s64(1)(d) of the Civil and Administrative Tribunal Act 2013

Ratio Decidendi

It is appropriate to order that the confidential bundle (except document 16) is not to be lodged with the Tribunal because disclosure would not be in the best interests of the applicant's mother, could further damage family relationships, prejudice the respondent's ability to act as guardian, could endanger persons involved, and is against the public interest as outlined in the applicable legislation and authorities. The substance of the information has already been provided to the applicant, maintaining procedural fairness.

Court Disposition

Application to exclude documents from Tribunal bundle granted in part.

Orders

  • The un-redacted and un-highlighted documents contained in the Confidential Bundle filed by the respondent on 27 October 2020, with the exception of document 16, are not to be lodged with the Tribunal pursuant to s59(2)(b) of the Administrative Decisions Review Act 1997.