Gilling -v- General Manager, Hawkesbury City Council [1999] NSWADT 43

CITATION: Gilling -v- General Manager, Hawkesbury City Council [1999] NSWADT 43

DIVISION: General

APPLICANT: Glenys Gilling

RESPONDENT: General Manager, Hawkesbury City Council

FILE NUMBER: 993015

HEARING DATES: 04/15/1999

SUBMISSIONS CLOSED: 06/07/1999

DATE OF DECISION: 22 June 1999

N Hennessy - Deputy President BEFORE:

PRIMARY LEGISLATION: Freedom of Information Act,1989

APPLICATION: Review of a decision to refuse access to documents (or part thereof) -

MATTER FOR DECISION:

Applicant: In person REPRESENTATION: Respondent: J Reilly, solicitor, Abbott Tout

ORDERS: Hawkesbury City Council's decision to refuse to disclose the names and addresses of the four objectors in question is affirmed.

1 The applicant, Ms Gilling, purchased a caravan park at Lower Portland about three years ago. Since that time she has made a number of development applications to Hawkesbury City Council (the council) to improve the caravan park. The application (DA 319/98) which triggered the current litigation under the Freedom of Information Act 1989 (FOI Act), related to nine new caravan sites for relocatable homes.

2 Local residents were invited to make submissions in relation to this application and were advised by the council in a letter dated 14 September 1998 that: "The details of your submission may be included in a council report or forwarded to the applicant where it may help to resolve design problems, if any. Information may also be released under the NSW Freedom of Information Act where a member of the public can apply for access to documents concerning their personal affairs."