Templeton v Department of Gaming and Racing [2006] NSWADT 36

CITATION: Templeton v Department of Gaming and Racing [2006] NSWADT 36

DIVISION: General Division

APPLICANT PARTIES: Colin Templeton RESPONDENT Director, Department of Gaming and Racing

FILE NUMBER: 053161

HEARING DATES: 8/09/2005

SUBMISSIONS CLOSED: 09/08/2005

DATE OF DECISION: 02/06/2006

BEFORE: Higgins S - Judicial Member

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

MATTER FOR DECISION: Principal matter

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Freedom of Information Act 1989 Registered Clubs Act 1976

Australian Doctors' Fund Pty Ltd v Commonwealth of Australia (1994) 49 FCR 478 at 489 Edlund v Commissioner of Police (2003) NSWADT 195 Harris v Australian Broadcasting Tribunal (1983) 50 ALR 551 CASES CITED: Re B v Brisbane North Regional Health Authority (1994) 1 QAR 279 at 338 Re Kamminga v Australian National University (1992) 26 ALD 585 at 588 Re Maher v Attorney Generals Department (1985) 7 ALD 731 Ryder v Booth [1985] VR 870 at 872 and Re B (supra) at 341

APPLICANT W Asplet, agent REPRESENTATION: RESPONDENT C Ludlow, solicitor

ORDERS: 1.The decision of the Agency to refuse the Applicant access to a copy of the Minutes of a meeting of the Kingsgrove RSL Club Ltd held on 16 June 2003 ('the Minutes') is set aside; 2.In substitution of the Agency's decision a decision to grant the Applicant access to a copy of the Minutes with the exempt matter as set out in this decision being deleted; 3.The Agency to provide the Applicant with the abovementioned copy of the Minutes within 28 days of the publication of this decision