Mc Guirk v Independent Commissioner Against Corruption [2006] NSWADTAP 17

Set aside by Appeal : Set aside by Appeal on 2 March 2007: Independent Commission Against Corruption v Gerard Michael McGuirk [2007] NSWSC 147

Appeal Panel - Internal

CITATION: Mc Guirk v Independent Commissioner Against Corruption [2006] NSWADTAP 17

APPELLANT PARTIES: Gerard Michael McGuirk RESPONDENT Independent Commissioner Against Corruption

FILE NUMBER: 069007

HEARING DATES: 13/04/06

SUBMISSIONS CLOSED: 04/13/2006

DATE OF DECISION: 04/26/2006

BEFORE: Hennessy N - Magistrate (Deputy President); Wilson R - Judicial Member; Blake C - Non Judicial Member

CATCHWORDS: jurisdiction - statutory interpretation

MATTER FOR DECISION: Principal matter

FILE NUMBER UNDER APPEAL: 053269

DATE OF DECISION UNDER APPEAL: 01/20/2006

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

APPELLANT In person REPRESENTATION: RESPONDENT J McDonnell, solicitor

ORDERS: 1. The Tribunal's decision is set aside; 2. In substitution for that decision, the following decision is made; a) The Tribunal has jurisdiction to review a determination by ICAC not to give access to the Madgwick Report; b) The matter is remitted to the Tribunal in accordance with the following directions; Matter to be remitted to ICAC under s 65 of the Administrative Decisions Tribunal Act 1997 Act for reconsideration in accordance with the Appeal Panel's findings.