NSW Caselaw
CITATION: Ferns v Commissioner, Department of Corrective Services [2006] NSWADT 217
DIVISION: General Division
APPLICANT PARTIES: Craig Ferns RESPONDENT Commissioner, Department of Corrective Services
FILE NUMBER: 053279 & 053347
HEARING DATES: 25/11/2005, 13/02/2006 and 7/04/2006
SUBMISSIONS CLOSED: 04/07/2006
DATE OF DECISION: 08/01/2006
BEFORE: Higgins S - Judicial Member
CATCHWORDS: access to documents - adequacy of search - amendment of documents - Freedom of Information Act - access to documents - adequacy of search - Freedom of Information Act - amendment of documents
MATTER FOR DECISION: Principal matter
LEGISLATION CITED : Freedom of Information Act 1989
CASES CITED: Cianfrano v Director General, Department of Commerce and Anor (No 2) [2006] NSWADT 195 Ferns v Commissioner of Police [2006] NSWADT 198
APPLICANT N Dawson, barrister REPRESENTATION: RESPONDENT T Anderson, barrister
ORDERS: Application No 053279:; The decision of the respondent is set aside and in substitution thereof a decision to:; a) remit, pursuant to s.63(3)(d) of the Administrative Decisions Tribunal Act 1997, the matter of the applicant's request for a copy of the applicant's original handwritten Officer Report, for the respondent to conduct a systematic and thorough search for that Report in accordance with the recommendations contained in these reasons for decision; b) the respondent to reconsider the matter as remitted above, within 28 days of this decision; and; c) grant the applicant access to a full copy of Information Report TFS 085.99 in so far as it relates to the verbatim account of the applicant's Officer Report. That full copy to be provided within 28 days of this decision; Application No 053347:; 1.The decision of the respondent is set aside and in substitution thereof a decision to amend the Memorandum of Deputy Superintendent Maa dated 20 August 2003 in accordance with these reasons for decision as set out in para [55] and [56]; 2.The respondent to provide the applicant with a copy of the amendments that have been made to the hard copies and the computerised versions of the Memorandum within 28 days of this decision
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