H -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 202

CITATION: H -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 202 DIVISION: General Division APPLICANT PARTIES: H RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 003341 HEARING DATES: 15/05/2001, 20/06/2001 SUBMISSIONS CLOSED: 07/18/2001 DATE OF DECISION: 11/29/2001

BEFORE: Robinson MA - Judicial Member APPLICATION: access to documents - business affairs - access to documents - confidential material - Freedom of Information Act - access to documents - business affairs - Freedom of Information Act - access to documents - confidential material - Summons - costs MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal (Interim) Rules 1998 Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : District Court Rules 1973 Freedom of Information Act 1989 Administrative Decisions Tribunal (General) Regulation 1998 Interpretation Act 1987 Raethel v Director General, Department of Education and Training [1999] NSWADT 108 Bennett v Vice Chancellor, University of New England [2000] NSWADT 8 CASES CITED: R v A and B [1999] NSWADTAP 2 Park v Commissioner of Police, New South Wales Police Service (EOD) [2000] NSWADTAP 4 Fainstein v University of A [2001] NSWADT 110 Air Pacific v Transport Workers Union of Australia (1993) 40 FCR 1 APPLICANT REPRESENTATION: K Andronos, barrister RESPONDENT J Tunks, solicitor ORDERS: 1 The decision under review is set aside and the applicant is granted access to the memorandum of Cable & Wireless Optus Limited dated 8 January 1998; 2 The application by Cable & Wireless Optus Limited for its costs in respect of the summons to produce documents issued 18 May 2001 is refused