QD v Northern Rivers Area Health Service [2005] NSWADT 154

CITATION: QD v Northern Rivers Area Health Service [2005] NSWADT 154 DIVISION: General Division APPLICANT PARTIES: QD RESPONDENT Northern Rivers Area Health Service FILE NUMBER: 043360 HEARING DATES: 31/03/2005 SUBMISSIONS CLOSED: 03/31/2005 DATE OF DECISION: 07/07/2005

BEFORE: Hennessy N - Magistrate (Deputy President) APPLICATION: access to documents - confidential material - access to documents - personal affairs - Freedom of Information Act - access to documents - confidential material - Freedom of Information Act - access to documents - personal affairs MATTER FOR DECISION: Principal matter LEGISLATION CITED : Commissioner of Police v District Court of NSW (1993) 31 NSWLR 606 CASES CITED: Saleam -v- Director General, Department of Community Services and ors [2002] NSWADT 41 Uddin -v- Chief Executive Officer, South Eastern Sydney Area Health Service and Anor [2002] NSWADT 228 Wiseman v Commonwealth (unreported, Federal Court, Sheppard, Beaumont and Pincus JJ, 24 October 1989) REPRESENTATION: D Hunter, solicitor J Boot, agent ORDERS: The decision of the North Coast Area Health Service to refuse the applicant access to 86 documents is varied. In substitution for that decision the Tribunal makes the following decision: 1. The Tribunal has no jurisdiction to review the North Coast Area Health Service's decision in relation to Documents 14 to 36, the entry dated 26/9/03 on 72, 73, the last three lines on the front page of Document 79, the first three lines on the back of Document 79 and the entry dated 26/2/04 on the back of 78; 2. The applicant has withdrawn his application in relation to Documents 9 and 11 and no orders are made in relation to those documents; 3. Access to the following documents, or parts of documents is refused:Documents 2, 3, 4, 5, 6, 37, 39, 41, 42, 44, 45, 46, 47, 61 to 70, entry dated 24/9/03 on front of document 72, 74, front of 75 (14/10/03 entry only), back of 75 (entry dated 15/10/03 only), front of 76 (entries after the first signature of Claudia Valenzuela only), front of 77, back of 77 (13/1/04 entry only), front of 78, back of 78 (17/2/04 entry only), 82 to 103.Access to the following documents, or parts of documents is given:Documents 1, 7, 8, 38 (which is identical to documents 40 and 60) 43, 59, 72 (entry dated 18/9/03 only), entry dated 15/10/03 on front of 75, entries on back of 75 dated 22/10/03 and 23/10/03, entry dated 24/11/03 down to first signature of Claudia Valenzuela on front of 76, entries on the back of 77 dated 14/1/04, 15/1/04 and 16/1/04, entries dated 27/2/04, 1/3/04 and 2/3/04 down to signature of Claudia Valenzuela on front of 79 and entry dated 8/7/04 on back of Document 79.