Challita v Director-General, Department of Education and Training [2006] NSWADT 109

CITATION: Challita v Director-General, Department of Education and Training [2006] NSWADT 109 This decision has been amended. Please see the end of the decision for a list of the amendments.

DIVISION: General Division

APPLICANT PARTIES: Jolanda Challita RESPONDENT Director-General, Department of Education and Training

FILE NUMBER: 053226; 053290

HEARING DATES: 29/22/05, 01/12/05

SUBMISSIONS CLOSED: 12/20/2005

DATE OF DECISION: 04/13/2006

BEFORE: Montgomery S - Judicial Member

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

MATTER FOR DECISION: Principal matter

LEGISLATION CITED : Freedom of Information Act 1989

CASES CITED: Chapman v Commissioner of Police, New South Wales Police [2004] NSWADT 35 Re SRB and SRC and Department of Health, Housing, Local Government and Community Services (1994) 33 ALD 171

APPLICANT C Jackson, barrister REPRESENTATION: RESPONDENT C Ludlow, solicitor

ORDERS: 1. In application No. 053226 I order that the Department is to provide Ms Challita with copies of test results from ACER as identified in paragraph (b) of her original FOI application. The decision under review is otherwise affirmed; 2. In application No. 053290 I order that the Department is to provide Ms Challita with a copy of the charts that are used by the Selective High School and Opportunity Class Placement Unit to correlate an IQ with a profile score. The decision under review is otherwise affirmed.