McCabe v Electoral Commissioner, State Electoral Office [2003] NSWADT 24

Set aside by Appeal :

CITATION: McCabe v Electoral Commissioner, State Electoral Office [2003] NSWADT 24 DIVISION: General Division APPLICANT PARTIES: David McCabe RESPONDENT Electoral Commissioner, State Electoral Office FILE NUMBER: 023264 HEARING DATES: 17/01/2003 SUBMISSIONS CLOSED: 01/17/2003 DATE OF DECISION: 02/05/2003

BEFORE: Hennessy N - Magistrate (Deputy President) APPLICATION: access to documents - law enforcement & public safety - access to documents - operation of agencies - Freedom of Information Act - access to documents - law enforcement & public safety - Freedom of Information Act - access to documents - operation of agencies MATTER FOR DECISION: Principal Freedom of Information Act 1989 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Parliamentary Electorates and Election Act 1912 Searle Australian Pty Ltd v Public Interest Advocacy Centre (1992) 36 FCR 111 at 113 Professional Officers Association, Amalgamated Union of NSW v Director General, Premier's Department [2002] NSWADT 277 Save Our Suburbs (SOS) NSW Inc v Electoral Commissioner of NSW [2002] NSWSC 785 CASES CITED: Attorney General's Department v Cockcroft (1986) 10 FCR 180 Dykstra and Centrlink [2002] FCA 1442 at [25] Secretary, Department of Employment, Workplace Relations and Small Business v The Staff Development and Training Centre Pty Ltd [2001] FCA 382 Secretary, Department of Workplace Relations and Small Business v Staff Development & Training Centre Pty Ltd [2001] FCA 1375 APPLICANT REPRESENTATION: J Kirk, counsel RESPONDENT A Johnson, solicitor ORDERS: 1. The agency's decision not to grant access to the document is set aside.; 2. Applicant to file an application for costs and any submissions in support, within 14 days of the date of this decision.; 3. Agency to file any submissions in reply within a further 14 days.; 4. Any applications for costs is to be decided "on the papers" pursuant to s 76 of the Administrative Decisions Tribunal Act 1997.