Z v Director General, New South Wales Department of Education and Training [2008] NSWADT 19

CITATION: Z v Director General, New South Wales Department of Education and Training [2008] NSWADT 19

DIVISION: General Division

APPLICANT Z PARTIES: RESPONDENT Director General, New South Wales Department of Education and Training

FILE NUMBER: 073127

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 2 October 2007

DATE OF DECISION: 1 February 2008

BEFORE: Wilson R - Judicial Member

CATCHWORDS: Freedom of Information Act - access to documents - confidential material - Freedom of Information Act - access to documents - legal professional privilege

MATTER FOR DECISION: Preliminary matter

LEGISLATION CITED : Freedom of Information Act 1989

McGuirk v UNSW [2007] NSWADT 204 P v Greater Western Area Health Service [2007] NSWADT 87 CASES CITED: Retain Beacon Hill High School Committee Inc v NSW Treasury [2007] NSWADT 55 UNSW v McGuirk [2006] NSWSC 1362 Watt v Forests NSW [2007] NSWADT 197

APPLICANT In person REPRESENTATION: RESPONDENT S Bilbe-Taylor, solicitor

1. In relation to document number 1 identified in these reasons the respondent's decision is set aside, the document not being an exempt document, with access to be granted 2. In relation to document number 2 identified in these reasons, the document is an exempt document but the parties are granted leave to list the discretionary question whether access should be refused to this document within 21 days of receipt of these reasons, should either party so wish. If no such application be made within that time, the respondent's decision in relation to that document is set aside with access to be given. If such application be made the Tribunal will hear and determine the question on a date to be fixed 3. In relation to documents numbered 3, 5, 7, 12 and 13 identified in these reasons, the respondent's decisions are affirmed and access to these documents is refused ORDERS: 4. In relation to document number 4 identified in these reasons, the respondent's decision is set aside with the finding that the document is exempt in part but that, as a matter of discretion, the Tribunal declines to refuse access to the document, access thereby being granted to the whole document 5. In relation to documents numbered 6, 8, 10 and 11, the respondents decisions are set aside, the documents not being exempt documents, with access to be granted 6. In relation to document number 9 identified in these reasons, the respondent's decision is set aside with the finding that part of page 1 of this document is exempt as stated in these reasons, and that access to that part is refused as a matter of discretion, the remainder of the document to be released 7. As there are residual documents not dealt with in these proceedings, the respondent's decision is set aside to the extent stated in these orders but, as to other documents with which it dealt, is affirmed.