Dunstan v Commissioner, Department of Corrective Services [2004] NSWADT 177

CITATION: Dunstan v Commissioner, Department of Corrective Services [2004] NSWADT 177 revised - 7/09/2004 DIVISION: General Division APPLICANT PARTIES: Colin Dunstan RESPONDENT Commissioner, Department of Corrective Services FILE NUMBER: 043022 HEARING DATES: 8/06/2004 SUBMISSIONS CLOSED: 08/10/2004 DATE OF DECISION: 08/20/2004

BEFORE: O'Connor K - DCJ (President) APPLICATION: access to documents - law enforcement & public safety - Freedom of Information Act - access to documents - law enforcement & public safety MATTER FOR DECISION: Principal matter LEGISLATION CITED : Crimes (Administration of Sentences) Act 1999 Freedom of Information Act 1989 Attorney-General's Department v Cockcroft (1986) 64 ALR 97 Centrelink v Dykstra [2002] FCA 1442 CASES CITED: Commissioner of Police v District Court of New South Wales (Perrin's case) (1993) 31 NSWLR 606 Dunstan v The Queen [2001] FCA 147 FA v Commissioner of Police, New South Wales Police (GD) [2004] NSWADTAP 7 Queen v Colin George Dunstan [2000] ACTSC 35 APPLICANT REPRESENTATION: In person RESPONDENT E Ball, solicitor ORDERS: 1. The respondent's determination is varied. ; 2. The agency is to disclose the passages from Documents 7, 8, 12(c), 12(b), 12(a), 12 and 13 as identified in the Confidential Appendix to the Reasons. ; 3. Order 2 to take effect after 28 days from the date of delivery of these reasons.; 4. Liberty to the respondent to apply within 21 days to the Tribunal for a confidential conference if there is a need to clarify these orders.