Appeal Panel - Internal CITATION: Ferns v NSW Department of Corrective Services (GD) [2008] NSWADTAP 37 This decision has been amended. Please see the end of the decision for a list of the amendments. APPELLANT Helen Ferns PARTIES: RESPONDENT NSW Department of Corrective Services FILE NUMBER: 089004 HEARING DATES: 13 June 2008 SUBMISSIONS CLOSED: 13 June 2008 DATE OF DECISION: 13 June 2008 BEFORE: O'Connor K - DCJ (President); Fitzgerald K - Judicial Member; Blake C - Non Judicial Member CATCHWORDS: Order by consent MATTER FOR DECISION: Principal matter DECISION UNDER APPEAL: Ferns v NSW Department of Corrective Services [2007] NSWADT 293 FILE NUMBER UNDER APPEAL: 073112 DATE OF DECISION UNDER APPEAL: 12/13/2007 LEGISLATION CITED : Freedom of Information Act 1989 CASES CITED: N/A APPELLANT In person REPRESENTATION: RESPONDENT T Anderson, barrister Order by consent: ORDERS: (a) That the words 'in excess of 60' be replaced by the word '38' in the letter of Acting Commissioner Luke Grant to the NSW Ombudsman dated 24 January 2007 (b) A notation to be inserted alongside the amendment identified in paragraph (a) above on all paper copies of the document and as a footnote on electronic copies stating that the ADT Appeal Panel has ordered the amendment as it was found to be incorrect and misleading (c) A copy of the amended document to be forwarded to the NSW Ombudsman within 28 days and a copy of that correspondence to be provided to the Appellant at the same time. [These consent orders were made under s 86 of the Administrative Decisions Tribunal Act 1997 , as agreed by the parties prior to the hearing. There was no substantive consideration of the reasoning of the decision under appeal.] Order by consent: (a) That the words 'in excess of 60' be replaced by the word '38' in the letter of Acting Commissioner Luke Grant to the NSW Ombudsman dated 24 January 2007 (b) A notation to be inserted alongside the amendment identified in paragraph (a) above on all paper copies of the document and as a footnote on electronic copies stating that the ADT Appeal Panel has ordered the amendment as it was found to be incorrect and misleading (c) A copy of the amended document to be forwarded to the NSW Ombudsman within 28 days and a copy of that correspondence to be provided to the Appellant at the same time. 02/07/2008 - Amendment to Catchword - Paragraph(s) Coversheet DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.