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ARTICLE · 02 JULY 2017

NSW Government Bulletin - 28 June 2017

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We discuss McClymont v Department of Family and Community Services [2017] NSWCATAD 202.

AustraliaGovernment, Public Sector

On 22 June 2017, the NSW Civil and Administrative Tribunal (Tribunal) handed down its decision in McClymont v Department of Family and Community Services (the Department) [2017] NSWCATAD 202. This decision explored whether the Department undertook "reasonable searches" as required under s 53(2) of the Government Information (Public Access) Act 2009 (NSW) (GIPA Act) for information requested by the Applicant.

The information sought by the Applicant related to the maintenance of two units at the social housing premises where he resided.

In April 2016, the Department provided the Applicant access to some information but denied access to other information on the bases that it concerned personal information, contained commercial-in-confidence provisions of a government contract and may prejudice a person's commercial interests. Following the original determination and the commencement of the Tribunal proceedings, the Department located further information and provided

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