ZID v Green (No. 2) [2018] NSWCATAP 199
There is no basis for restricting publication of the reasons for decision apart from continued anonymisation of the appellant's name, given some references in the reasons to health information and the appellant's privacy concerns, and in the absence of opposition from the respondent; a complete non-publication order is unwarranted given transparency and guidance needs.
- Jurisdiction
- Australia
- Judgment Date
- 23 August 2018
- Procedural Posture
- Appeal / Application for Non Publication Order Following Appeal Decision
- Outcome
- Anonymisation of appellant's name ordered; otherwise, non-publication application dismissed
- Legal Topics
- ['non Publication Orders' 'anonymisation of Party Names' 'publication of Tribunal Reasons']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Application for Non Publication Order Following Appeal Decision
Legal Issues
- 1 ["Whether to grant a non-publication or anonymisation order for the Appeal Panel's reasons for decision"]
Ratio Decidendi
There is no basis for restricting publication of the reasons for decision apart from continued anonymisation of the appellant's name, given some references in the reasons to health information and the appellant's privacy concerns, and in the absence of opposition from the respondent; a complete non-publication order is unwarranted given transparency and guidance needs.
Court Disposition
Anonymisation of appellant's name ordered; otherwise, non-publication application dismissed
Orders
- ["A hearing of the appellant's application for orders under s 64 of the Civil and Administrative Tribunal Act 2013 be dispensed with." "Existing order prohibiting publication of the appellant's name continued." 'Reasons for decision of the Appeal Panel may be published on Caselaw after 21 days, subject to...
Full Case Text
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