St Vincent Welch -v- Chief Executive Officer, Casino Control Authority [2001] NSWADT 89

CITATION: St Vincent Welch -v- Chief Executive Officer, Casino Control Authority [2001] NSWADT 89 DIVISION: General Division APPLICANT PARTIES: John St Vincent Welch RESPONDENT Chief Executive Officer, Casino Control Authority FILE NUMBER: 003079 HEARING DATES: 16/11/2000, 28/08/2000 SUBMISSIONS CLOSED: 02/23/2001 DATE OF DECISION: 06/01/2001

BEFORE: Robinson MA - Judicial Member APPLICATION: Freedom of Information Act - access to documents - secrecy provisions MATTER FOR DECISION: Principal matter LEGISLATION CITED : Casino Control Act 1992 Freedom of Information Act 1989 CASES CITED: Humane Society International Inc. -v- National Parks & Wildlife Service [2000] NSWADT 133 APPLICANT REPRESENTATION: M O'Brien, barrister RESPONDENT P Sharp, barrister ORDERS: 1. The decision under review is affirmed; 2. The exhibits be made available for return or returned to the appropriate parties after the expiration of 28 days from today.

1 This is an application for review of a reviewable decision made under the Freedom of Information Act 1989 ("FOI Act") read with the Casino Control Act 1992 ("CC Act") refusing the applicant access to documents forming part of the file of the investigations section of the Casino Control Authority ("Authority").

2 As is often the case in FOI matters, the applicant initially sought the release of a significant number of documents from the respondent and maintained that position throughout the course of the hearing. It now appears that the applicant only seeks access to a single document described by the respondent as a Report by the Casino Surveillance Division of the New South Wales Department of Gaming and Racing ("Department") to the Authority dated 5 March 1996 containing the results of investigations into allegations made in the Sydney Harbour Casino Internal Audit Report. The said Internal Audit Report is dated December 1995. The disputed document is referred to in these reasons as "the Report".