Hutchinson v Roads and Traffic Authority, New South Wales [2006] NSWADT 290

Set aside by Appeal :

CITATION: Hutchinson v Roads and Traffic Authority, New South Wales [2006] NSWADT 290

DIVISION: General Division

APPLICANT PARTIES: Rowan Hutchinson RESPONDENT Roads and Traffic Authority, New South Wales

FILE NUMBER: 053202

HEARING DATES: 21/04/2006

SUBMISSIONS CLOSED: 04/21/2006

DATE OF DECISION: 10/04/2006

BEFORE: Hennessy N - Magistrate (Deputy President)

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

MATTER FOR DECISION: Principal matter

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

Re Anti-Fluoridation Association of Victoria and Secretary to Department of Health (1985) 8 ALD 163 CASES CITED: Beesley v Commissioner of Police, New South Wales Police Service [2000] NSWADT 52 Cianfrano v Director General, Department of Commerce and anor (No 2) [2006] NSWADT 195

APPLICANT B Zipser, counsel REPRESENTATION: RESPONDENT M Allars, counsel

ORDERS: 1. The decision of the RTA that it does not hold documents relating to the cost of earthworks, paving and landscaping the Mundoonan rest areas is set aside. That decision is remitted for reconsideration by the RTA in accordance with the following directions:; (a) Mr Doolan, or some other person familiar with the construction of the rest areas, is to go through the list of 405 files to identify whether any of those files is likely to contain documents relating to the cost of earthworks, paving and landscaping of the rest areas; (b) If relevant files are identified, then either Mr Doolan or a person other than Mr Doolan who has been instructed as to what documents to look for, should go through those files to identify those documents; (c) If there are no provisions in the FOI Act preventing the documents that are identified from being provided to Mr Hutchinson, including the resources exception in s 25(1)(a1), then they should be provided to him. This process should be completed and Mr Hutchinson advised of the outcome within 42 days of the date of this decision ; 2. The decision of the RTA that it does not hold Mr Doolan's diary relating to the construction of the rest areas is affirmed; 3. The decision of the RTA that it does not hold diaries kept by surveillance officers which relate to the rest areas is set aside. That decision is remitted for reconsideration by the RTA in accordance with the following directions:; (a) Mr Doolan, or some other person familiar with the construction of the rest areas, is to go through the list of 405 files to identify whether any of those files is likely to contain diaries kept by surveillance officers which relate to the rest areas. (b) If relevant files are identified, then either Mr Doolan or a person other than Mr Doolan who has been instructed as to what documents to look for, should go through those files to identify any diaries kept by surveillance officers which relate to the rest areas; (c) If there are no provisions in the FOI Act preventing the documents that are identified from being provided to Mr Hutchinson, including the resources exception in s 25(1)(a1), then they should be provided to him. This process should be completed and Mr Hutchinson advised of the outcome, within 42 days of the date of this decision; 4. The decision of the RTA that it does not hold further documents relating to a conversation Mr Abraham had with Mr Doolan at Goulburn Major Projects Office on 31 March 1998 is affirmed; 5. The RTA's application for costs is refused; 6. Mr Hutchinson's application for costs is refused