C v Secretary, NSW Treasury (No 3) [2003] NSWADT 200

Set aside by Appeal : Appeal allowed in part on 20 February 2004.

CITATION: C v Secretary, NSW Treasury (No 3) [2003] NSWADT 200 DIVISION: General Division APPLICANT PARTIES: C RESPONDENT Secretary, NSW Treasury FILE NUMBER: 013081 HEARING DATES: 15/02/2003 SUBMISSIONS CLOSED: 05/02/2003 DATE OF DECISION: 08/25/2003

BEFORE: APPLICATION: amendment of documents - Freedom of Information Act - amendment of documents MATTER FOR DECISION: Principal Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Freedom of Information Act 1989 Workers Compensation Act 1987 Joseph Crosfield & Sons Ltd v Techno-Chemical Laboratories Ltd (1913) 29 TLR 378 Crewdson v Central Sydney AHS [2002] NSWCA 345 Re Resch (1986) 9 ALD 380 Re Gordon (1991) 25 ALD 335 Close and Australian National University (1993) 31 ALD 597 Cox and Dept of Defence (1990) 20 ALD 499 Botany Council v The Ombudsman (1995) 37 NSWLR 357 CASES CITED: Director General Department of Community Services v S [2000] NSWADTAP 27 RR v Department of the Army 482 F Supp 770 (1980) Central Sydney Area Health Service v Crewdson (GD) [2001] NSWADTAP 44 Re Applicant and Department of Education and Training, Children's Youth and Family Services (1998) 53 ALD 509 Re Corbett and Australian Federal Police (1986) 5 AAR 291 Hope v Bathurst City Council (1980) 144 CLR 1 Re Leverett (1985) 8 ALN N135 Re Warren and Department of Defence (unreported AAT, 22 December 1992) Hayward Brown v Chief Executive Officer, Wentworth Area Health Service [2000] NSWADT 46 APPLICANT REPRESENTATION: In person RESPONDENT M Allars, counsel ORDERS: 1. The agency's decision to refuse to amend the undated report of Dr Y Lucire in relation to the applicant is set aside.; 2. In substitution for that decision a decision is made to attach a notation to the report, and every copy of the report held by the agency, in the following terms:; "The attached document is incorrect in a material respect pursuant to the Freedom of Information Act 1989. In particular Dr Lucire's diagnosis that Mr C (insert full name) has a Narcissistic Personality Disorder and a Paranoid Delusional Disorder is incorrect. For further details, see the decision of the Administrative Decisions Tribunal in C-v-Secretary, NSW Treasury (No 3) [2003] NSWADT 200. ; 3. If Mr C wishes to make an application for costs, he should do so within 28 days of the date of this decision.; 4. If such an application is made, the agency is directed to file and serve any submissions in reply within 28 days of being served with the application.; 5. Any application for costs will be determined by the Tribunal "on the papers" pursuant to s 76 of the Administrative Decisions Tribunal Act 1997