Morgan v Director- General, Department of Education and Training & Minister for Education and Training [1999] NSWADT 91

Set aside by Appeal : Set aside by appeal on 17/3/2000 - Remitted back to Tribunal

CITATION: Morgan v Director- General, Department of Education and Training & Minister for Education and Training [1999] NSWADT 91

DIVISION: General

APPLICANT: Morgan

RESPONDENT: Director-General, Department of Education and Training (First Respondent) Minister for Education and Training (Second Respondent)

FILE NUMBER: 983034 & 993018

HEARING DATES: 05/31/1999

SUBMISSIONS CLOSED: 05/31/1999

DATE OF DECISION: 28 September 1999

K P O'Connor DCJ - President BEFORE:

PRIMARY LEGISLATION: Freedom of Information Act 1989

APPLICATION: Review of decision to refuse to amend documents -

MATTER FOR DECISION: Principal matter

Applicant: In person REPRESENTATION: Respondent: P Singleton, solicitor, instructed by the Crown Solicitor

1.Application No 983034 - relating to the Department As to the parts of the two documents in dispute that were referred to hearing, the decisions under review are affirmed subject to the following direction: ORDERS: That in the case of the attachment to the incident report (referred to as document 4 in the Reasons for Decision) the following notation be attached to the two statements in issue: "These comments represent merely the perceptions held by the author as to the conduct of the applicant in the particular circumstances at that time and have no greater significance. This notation has been added at the direction of the Administrative Decisions Tribunal." 2. Application No 993018 - relating to the Minister As to the parts of the two documents in dispute that were referred to hearing, the decisions under review are affirmed.