Boyd v Director General, NSW Agriculture [2004] NSWADT 125

CITATION: Boyd v Director General, NSW Agriculture [2004] NSWADT 125 DIVISION: General Division APPLICANT PARTIES: Lindsay Boyd RESPONDENT Director General, NSW Agriculture FILE NUMBER: 033147 HEARING DATES: 09/02/2004 SUBMISSIONS CLOSED: 02/09/2004 DATE OF DECISION: 06/25/2004

BEFORE: Higgins S - Judicial Member APPLICATION: access to documents - confidential material - Freedom of Information Act - access to documents - confidential material MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Freedom of Information Act 1989 Plant Diseases Act 1924 B and Brisbane North Regional Health Authority (1994) 1 QAR 279 at 338 B and Brisbane North Regional Health Authority (1994) 1 QAR 279 at 341 Maher and Attorney General's Department (1985) 7 ALD 731 at 737 Ryder v Booth [1985] VR 870 at 872 CASES CITED: Saxon and Australian Maritime Authority (unreported, AAT, Cth, 19 June 1995 at 25) The Commissioner of Police v District Court of New South Wales (1993) 31 NSWLR 606 (Perrin's Case) Wiseman v Commonwealth, (unreported, Federal Court, 24 October 1989) Woods v Chief Executive Officer, State Rail Authority [2002] NSWADT 253 Young v Wicks (1986) 13 FCR 85 at 89 APPLICANT REPRESENTATION: In Person RESPONDENT M Khoury, solicitor ORDERS: 1. The decision of the agency in respect of deletions no. 1 (in so far as these contain information about the personal affairs of the persons listed), 3, 5, 6, 7, 8 and 9 in Document A and deletion no.4 in Document C is affirmed; ; 2. The decision of the agency in respect of deletions no.2, 4 and 10 in Document A, deletions in the body of Document B, deletions no.1 (insofar as it names third persons), 2, 3 and 5 in Document C, and the deletion in Document D is set aside; ; 3. The agency is to provide Mr Boyd, within 28 days, with a copy of Document D with no deletions and a further copy of the Documents A, B and C with deletions of those matters referred to in paragraph (a) above; and ; 4. The confidential material provided to the Tribunal by the agency to be returned forthwith.