Kerr v Roads and Traffic Authority [2006] NSWADT 145

CITATION: Kerr v Roads and Traffic Authority [2006] NSWADT 145

DIVISION: General Division

APPLICANT PARTIES: Joseph Kerr RESPONDENT Roads and Traffic Authority

FILE NUMBER: 053303

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 02/10/2006

DATE OF DECISION: 05/18/2006

BEFORE: Montgomery S - Judicial Member

CATCHWORDS: access to documents - adequacy of search - access to documents - cabinet documents - Freedom of Information Act - access to documents - adequacy of search - Freedom of Information Act - access to documents - cabinet documents

MATTER FOR DECISION: Principal matter

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Ombudsman Act 1974 Road Transport Legislation Amendment (Public Transport Lanes) Bill 2003

Commissioner of Police v District Court of New South Wales & Anor (1993) 31 NSWLR 606 CASES CITED: General Manager, WorkCover Authority of NSW v Law Society of NSW [2006] NSWCA 84 Neary -v- The Treasurer, New South Wales [2002] NSWADT 261 Neary -v- Treasurer of New South Wales [2001] NSWADT 161

APPLICANT In person REPRESENTATION: RESPONDENT K Plowman, solicitor

ORDERS: 1. That part of the agency's decision which relies on Clause 1 of Schedule 1 to the Freedom of Information Act 1989 (Cabinet documents) is affirmed; 2. The matter is otherwise remitted pursuant to section 65(1) of the Administrative Decisions Tribunal Act 1997 for reconsideration by the agency; 3. The agency is to advise Mr Kerr of its determination with respect to Order 2 within 21 days; 4. This matter is re-listed for a further planning meeting on Tuesday 4 July 2006 at 9:30 am.