Johnston v Director General, Department of Housing [2003] NSWADT 125

CITATION: Johnston v Director General, Department of Housing [2003] NSWADT 125 DIVISION: General Division APPLICANT PARTIES: Liberty Johnston RESPONDENT Director General, Department of Housing FILE NUMBER: 023021 HEARING DATES: On the Papers & 24 April 2003 SUBMISSIONS CLOSED: 04/24/2003 DATE OF DECISION: 05/28/2003

BEFORE: Britton A - Judicial Member APPLICATION: access to documents - confidential material - access to documents - internal working documents - access to documents - legal professional privilege - access to documents - personal affairs - Freedom of Information Act - access to documents - confidential material - Freedom of Information Act - access to documents - internal working documents - Freedom of Information Act - access to documents - legal professional privilege - Freedom of Information Act - access to documents - personal affairs MATTER FOR DECISION: Principal Matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Evidence Act 1995 Freedom of Information Act 1989 Kay v Commissioner of Corrective Services [2000] NSWADT 67 Young v Wicks (1986) 13 FCR 85 at 89 per Beaumont J Colakovski (1991) 29 FCR 429 at 431 per Lockhart J News Corporation (1984) 1 FCR 64 at 79 St John New Corporation Ltd v NCSC (1984) 52 ALR 277 Forrest and Department of Social Security (1991) 23 ALD 649 at 652 Social Security v Dyrenfurth (1988) 80 ALR 533 F and Healh Department (1988) 2 VAR 458 Saleam v Director General, Department of Community Services and ors (2002) NSWADT 41 CASES CITED: Chandra and Minister for Immigration and Ethnic Affairs (1984) 6 ALN N257 Saleam v Director General, Department of Community Services and ors (46) - (48) Esso Australia Resources Ltd v Commissioner of Taxation (199) HCA 67 Grant v Downs (1976) 135 CLR 674 at 677 Charetris v General Manager, Leichhardt Municipal Council (GD) (2001) NSWADTAP 12 Waterford v Commonwealth of Australia (1987) 163 CLR 54 Alfred Crompton Amusement Machines Limited v Customs and Excise Commissioners (No. 2) (1972) 2 QB 102 Waterford v The Commissioner Ritz Hotel Limited v Charles of the Ritz (No.4) (1987) 14 NSWLR 100 Australian Hospital Care Pty Limited v Duggan (No. 2) (1999) VSC 131 Ryder v Booth (1985) VR 870 at 872 APPLICANT REPRESENTATION: In Person RESPONDENT A Calcopietro, Solicitor & C Valacos, Solicitor ORDERS: 1. The decision in respect of foliios 1168, 1214, 1252, 1307, 1350, 1351, 1429, 1459, 1274, 1400, 1397, 1396 and 1398 is set aside and in substituion I order that these documents be released.; 2. The decision in respect of folios 1163, 1164, 1168, 1351, 1352, 1353, 1358, 1428 and 1429 is remitted and I direct that the Department reconsider its decision that disclosure would be unreasonable after having consulted with relevant parties in accordance with the procedure set down in s. 31 of the Freedom of Information Act 1989.; 3. The decision in respect of folios 1551 and 1550 is remitted to the Department for further consideration.; 4. The decision in respect of the remainder of documents set out in Attachment A of these reasons is affirmed.