Cianfrano v Director-General, Premier's Department NSW & anor [2004] NSWADT 255

CITATION: Cianfrano v Director-General, Premier's Department NSW & anor [2004] NSWADT 255 revised - 17/12/2004 DIVISION: General Division APPLICANT Robert Cianfrano PARTIES: FIRST RESPONDENT Director-General, Premier's Department NSW SECOND RESPONDENT Sydney Markets Limited FILE NUMBER: 033268 HEARING DATES: 19/05/2004 SUBMISSIONS CLOSED: 05/19/2004 DATE OF DECISION: 11/09/2004

BEFORE: Higgins S - Judicial Member APPLICATION: access to documents - business affairs - access to documents - cabinet documents - access to documents - Executive Council documents - access to documents - internal working documents - access to documents - legal professional privilege - Freedom of Information Act - access to documents - business affairs - Freedom of Information Act - access to documents - cabinet documents - Freedom of Information Act - access to documents - Executive Council documents - Freedom of Information Act - access to documents - internal working documents - Freedom of Information Act - access to documents - legal professional privilege MATTER FOR DECISION: Principal matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989 Bennett v The Vice Chancellor, University of New England [2002] NSWADT 8 Daniels Corp International Pty Limited v Australia Competition & Consumer Commissioner (2002) 213 CLR 543 Director-General Department of Community Services v Latham [2000] NSWADTAP 21 Esso Australia Resources Ltd v Commissioner of Taxation (1999) 201 CLR 49 Hynes v General Manager, Hawkesbury City Council [2004] NSWADT 135 CASES CITED: Law Society of New South Wales v General Manager, Workcover Authority of New South Wales (GD) [2004] NSWADT 40 Preston v Chief Executive, Casino Control Authority; Star City Pty Limited & TABCORP Holdings Ltd v Chief Executive, Casino Control Authority [2003] NSWADT 165 at [50] Re Ecclestone and Department of Family Service and Aboriginal and Islander Affairs (1993) 1 QAR 60 Re Murtagh and Commissioner of Taxation (1984) 6 ALD 112 at 123 Trade Practices Commission v Sterling (1979) 36 FLR 244 Waterford v Commonwealth (1987) 163 CLR 54 Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501 APPLICANT In person REPRESENTATION: FIRST RESPONDENT M Allars, counsel SECOND RESPONDENT R Davis, solicitor ORDERS: (1) The decision of the Director-General in respect of the following documents is affirmed: ; File SPD/03648, Part 36:; Document No. 1, 4, 5, 6, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 25; File SPD/03648 Part 35: Document No 1; File SMA Taskforce 2002 314:; Document No 7 (except the Deed), 11 (except the Deed and the emails dated 20/06/02 and 21/06/02), 17 (except letter, dated 12/06/02, from Anderson to Sakaris and letter, dated 7/06/02, from Friedeberg to Anderson), 19 (except letter, dated 5/06/02, from Friedberg to Anderson), 22, 24, 25 (except Deed), 26, 27, 28, 30 (except Special Conditions), 33 (except Special Conditions), 34, 35, 37, 39, 40 and 41; (2) The decision of the Director-General in respect of the following documents is set aside and in substitution thereof a decision that Mr Cianfrano be given access to these documents:; File SPD/03648 Part 36; 3, 18, 22, 23, 24, 25, 26, 27 and 28 ; File SMA Taskforce 2002 314:; DocumentNo 4, 5, 6, 8, 9, 10, 11 (emails dated 20 & 21/06/02 only), 12, 13, 14, 15, 16, 17 (letter dated 12/06/02 from Anderson to Sakaris and letter dated 7/06/02, from Friedeberg to Anderson only), 18, 19 (letter dated 5/06/02 from Friedberg to Anderson only), 20, 21, 22 (Deed only), 31 (paragraphs one and two only) and 38 ; (3) The decision of the Director-General in respect of the following documents be set aside and remitted for reconsideration in accordance with this decision pursuant to s. 63(3)(d) of the Administrative Decisions Tribunal Act 1997: ; SM Taskforce 2002 314 file; Document 7 (the Deed only), 11 (the Deed only), 25 (the Deed only), 30 (the special conditions only), 31 (the paragraphs following the second paragraph only), 33 (the special conditions only).; (4) Mr Cianfrano be provided with a copy of Document No 25 in File SPD/03648, Part 36 with the exempt material deleted.