Director General, Department of Education and Training -v- Mullett and Randazzo (No. 2) [2002] NSWADTAP 29

Appeal Panel

CITATION: Director General, Department of Education and Training -v- Mullett and Randazzo (No. 2) [2002] NSWADTAP 29 APPELLANT Director General, Department of Education and Training PARTIES: FIRST RESPONDENT Christopher Mullett SECOND RESPONDENT Robert John Randazzo FILE NUMBER: 019040 HEARING DATES: 20/05/02 SUBMISSIONS CLOSED: 08/14/2002 DATE OF DECISION: 08/23/2002

Mullett -v- Director General, Department of Education and Training and Anor [2001] NSW ADT 119 DECISION UNDER APPEAL: BEFORE: O'Connor K - DCJ (President); Montgomery S - Judicial Member; Bolt M - Member CATCHWORDS: access to documents - confidential material - Freedom of Information Act - access to documents - confidential material - leave to extend to the merits MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 003353 DATE OF DECISION UNDER APPEAL: 07/18/2001 Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Education Teaching Service Regulation 2001 Freedom of Information Act 1989 Teaching Services Act 1980 Director General, Department of Education and Training v Mullett and Randazzo [2002] NSWADTAP 13 Y v Director General, Department of Education and Training [2001] NSWADT 149 Re Maher and A-G's Department (1985) 7 ALD 731 Re Kamminga and Australian National University (1992) 26 ALD 585 Re Maine and Department of Education, Employment and Training [2001] VCAT 1456 CASES CITED: Smith and ATSIC Smith and Aboriginal & Torres Strait Islander Commission [2000] AATA 512 (22 June 2000) Re James and Australian National University (1984) 6 ALD 687 Re Thies and Dept of Aviation (1986) 9 ALD 454 Attorney General (Comm) v Cockcroft (1986) 64 ALR 97 Department of Social Security v Dyrenfurth (1988) 15 ALD 232; 80 ALR 533 Re Fryar and Australian Federal Police (1988) 17 ALD 25 Director General, Dept of Education and Training v Mullett & Randazzo [2002] NSWADTAP 13 APPELLANT K Sant, barrister REPRESENTATION: FIRST RESPONDENT In person SECOND RESPONDENT In person ORDERS: 1. The agency's decision to refuse access to the requested document is affirmed in respect of paras 14-17; paras 21-24; paras 28-29; para 30, sentence one; paras 31-33; paras 39-43; paras 50-53; paras 57-61; paras 69-73; para 81. ; 2. Otherwise the decision is set aside.