TW v TX [2005] NSWADT 262

CITATION: TW v TX [2005] NSWADT 262 DIVISION: General Division APPLICANT PARTIES: TW RESPONDENT TX FILE NUMBER: 053079 HEARING DATES: 19/08/05 SUBMISSIONS CLOSED: 09/26/2005 DATE OF DECISION: 11/18/2005

BEFORE: Hennessy N - Magistrate (Deputy President) APPLICATION: access to documents - confidential material - access to documents - operations of agencies - access to documents - personal affairs - Freedom of Information Act - access to documents - confidential material - Freedom of Information Act - access to documents - operations of agencies - Freedom of Information Act - access to documents - personal affairs MATTER FOR DECISION: Principal matter LEGISLATION CITED : Freedom of Information Act 1989 Public Sector Employment and Management Act 2002 Commissioner of Police v District Court of New South Wales (Perrin's case) (1993) 31 NSWLR 606 Director General, Department of Education and Training v Mullett & Anor [2002] NSWADTAP 13 revised 11/06/2002 Humane Society International Inc v National Parks and Wildlife Service [2000] NSWADT 133 CASES CITED: Re B and Brisbane North Regional Health Authority (1994) 1 QAR 279 Re Chandra and Minister for Immigration and Ethnic Affairs (1984) 6 ALN N257 Re Maher and Attorney General's Department (1985) 7 ALD 731 Re Thies and Department of Aviation (1986) 9 ALD 454 REPRESENTATION: In person G Mahoney, solicitor ORDERS: 1. The Department's decision in relation to Documents 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 ,13, 14, 15, 19, 20, 21, 22, 23, 24, 25, 29, 30, 31, 32, 34, 41, 43, 45, 48, 49, 51, 53, 54, 55(b), 61 and 67 is affirmed; 2. The Department's decision in relation to Document 1 is set aside. In substitution for that decision a decision is made to give the applicant access to that document apart from the passages under the heading "Summary of Key Issues"; 3. The Department's decision in relation to Documents 16, 17, 18, 26, 27, 28, 33, 38, 40, 42, 55(a), 57, 58, 59, 60, 62, 63, 64, 65, 66 is set aside. In substitution for that decision a decision is made to give the applicant access to those documents.