McCabe (No.2) -v- Electoral Commissioner, State Electoral Office [2003] NSWADT 58

CITATION: McCabe (No.2) -v- Electoral Commissioner, State Electoral Office [2003] NSWADT 58 DIVISION: General Division APPLICANT PARTIES: David McCabe RESPONDENT Electoral Commissioner, State Electoral Office FILE NUMBER: 023264 HEARING DATES: 17 January 2003 SUBMISSIONS CLOSED: 02/26/2003 DATE OF DECISION: 03/19/2003

BEFORE: Hennessy N - Magistrate (Deputy President) APPLICATION: Costs MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989 LEGISLATION CITED : Interpretation Act 1987 Land and Environment Court Act 1979 Parliamentary Electorates and Election Act 1912 McCabe v Electoral Commissioner, State Electoral Office [2003] NSWADT 24 Brooks Maher v Cheung [2001] NSWADT 18 Director General, Department of Education and Training v Simpson [2001] NSWADTAP 6 CASES CITED: Graham v Director General, Department of Community Services [2001] NSWADTAP 4 Oshlack v Richmond River Council (1998) 193 CLR 72 Save Our Suburbs (SOS) NSW Inc v Electoral Commissioner [2002] NSWSC 735 Director General, Department of Education and Training v Mullett [2002] NSWADTAP 29 REPRESENTATION: J Kirk, Barrister A Johnson, Solicitor ORDERS: 1. The applicant's application for costs is refused.

Introduction 1 On 27 November 2002 Mr David McCabe applied to the Tribunal for the review of a decision made by the Electoral Commissioner, State Electoral Office, under the Freedom of Information Act 1989 (FOI Act). The decision was to refuse Mr McCabe access to a list of 300 randomly selected names and addresses of members of the Restore the Workers Rights Party (the Party.) The Electoral Commissioner had previously written to the 300 people to confirm that they were genuine members of the Party.