Electoral Commissioner, State Electoral Office v McCabe (GD) [2003] NSWADTAP 28

Appeal Panel - Internal

CITATION: Electoral Commissioner, State Electoral Office v McCabe (GD) [2003] NSWADTAP 28 APPELLANT PARTIES: Electoral Commissioner, State Electoral Office RESPONDENT David McCabe FILE NUMBER: 039013 HEARING DATES: 13/05/2003 SUBMISSIONS CLOSED: 05/13/2003 DATE OF DECISION: 07/22/2003

McCabe v Electoral Commissioner, State Electoral Office [2003] NSWADT 24 DECISION UNDER APPEAL: BEFORE: O'Connor K - DCJ (President); Molony P - Judicial Member; Mapperson K - Member CATCHWORDS: access to documents - operation of agencies - Freedom of Information Act - access to documents - operation of agencies - statutory interpretation MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 023264 DATE OF DECISION UNDER APPEAL: 02/05/2003 Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Freedom of Information Act 1989 Parlimentary Electorates and Elections Act 1912 CASES CITED: McCabe v Electoral Commissioner, State Electoral Office [2003] NSWADT 24 APPELLANT REPRESENTATION: S Lloyd, barrister RESPONDENT J Kirk, barrister ORDERS: 1. The Electoral Commissioner's appeal is allowed. ; 2. The decision under appeal is set aside.; 3. The Commissioner's determination to refuse access to the document is affirmed.; 4. Mr McCabe's appeal in relation to refusal of costs is dismissed. (File No. 039022)