McGuirk v University of New South Wales [2007] NSWADT 270

CITATION: McGuirk v University of New South Wales [2007] NSWADT 270

DIVISION: General Division

APPLICANT Michael (Gerard) McGuirk PARTIES: RESPONDENT University of New South Wales

FILE NUMBER: 053331; 063152

30 January 2006 HEARING DATES: 21 February 2006 26 April 2007 14 June 2007

SUBMISSIONS CLOSED: 14 June 2007

DATE OF DECISION: 22 November 2007

BEFORE: Higgins S - Judicial Member

CATCHWORDS: Freedom of Information Act - access to documents - adequacy of search substantial and unreasonable diversion of agency's resources -

MATTER FOR DECISION: Principal matter

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

Cianfrano v Director-General, Department of Commerce & Anor (No.2) [2006] NSWADT 195 McGuirk v University of New South Wales (GD) [2007] NSWADTAP 65 Re Russell Island Development Association Inc and Department of Primary Industries and Energy (1994) 33 ALD 683 CASES CITED: Roads and Traffic Authority of New South Wales v Hutchinson (GD) [2007] NSWADTAP 28 Styles v Wollondilly Shire Council [2004] NSWADTAP 46 University of New South Wales v McGuirk (No 2)(GD) [2005] NSWADTAP 66 University of New South Wales v McGuirk (No 2)(GD) [2005] NSWADTAP 67

In person REPRESENTATION: P.Singleton, barrister

ORDERS: File Number 053331; 1.The decision of the University in respect to the request for access to the financial statements of U21 Global is set aside and the request is remitted for re-determination by the University in accordance with the directions set out in [23] above.; 2.The decision of the University in respect to the request for access to Deeds of Release between the University and employees who had their employment terminated is affirmed.; File Number 063152; 3. The decision of the University to refuse to continue to deal with Mr McGuirk's FOI request of 15 December 2005 is set aside and his request is remitted determination in accordance with the FOI Act.