Retain Beacon Hill High School Committee Inc. v NSW Department of Commerce [2006] NSWADT 129

CITATION: Retain Beacon Hill High School Committee Inc. v NSW Department of Commerce [2006] NSWADT 129

DIVISION: General Division

APPLICANT PARTIES: Retain Beacon Hill High School Committee Inc. RESPONDENT NSW Department of Commerce

FILE NUMBER: 053325

HEARING DATES: 18/04/06

SUBMISSIONS CLOSED: 04/18/2006

DATE OF DECISION: 05/02/2006

BEFORE: Handley R - Judicial Member

CATCHWORDS: access to documents - business affairs - Freedom of Information Act - access to documents - business affairs

MATTER FOR DECISION: Principal matter

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Freedom of Information Act 1982 (Cth) Freedom of Information Act 1989

Beesley v Commissioner of Police, New South Wales Police Service [2000] NSWADT 52 Cianfrano v Director-General, Department of Education and Training [2005] NSWADT 7 CASES CITED: David Miles Connolly v Department of Finance (14 June 1994, AAT No 9571) Freeland v General Manager, Liverpool City Council [1999] NSWADT 95 Leichardt Municipal Council v Roads and Traffic Authority [2005] NSWADT 37 Vincent Neary v State Rail Authority [1999] NSWADT 107

APPLICANT R Cianfrano, agent REPRESENTATION: RESPONDENT A Johnson, solicitor

ORDERS: (1) The Tribunal affirms the decision under review in relation to documents 4, 5, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 20, 21, 23 and 24 (2) The Tribunal sets aside the decision under review in relation to documents 1 and 2 and, in substitution, orders the Respondent to release those documents without exemptions to the Applicant, the Tribunal's order for their release to take effect 28 clear days after the publication of this decision; (3) The Tribunal sets aside the decision under review in respect of documents 3, 6, 13, 18, 19 and 22 and remits the exemptions claimed in respect of those documents to the Respondent for reconsideration in accordance with these reasons.