Schlebaum (No 3) -v- Director General, Department of Community Services & Anor [2002] NSWADT 128

CITATION: Schlebaum (No 3) -v- Director General, Department of Community Services & Anor [2002] NSWADT 128 DIVISION: General Division APPLICANT Anne Schlebaum PARTIES: 1. RESPONDENT Director General, Department of Community Services 2. RESPONDENT Michael Gliksman FILE NUMBER: 013029 HEARING DATES: 19/04/2002 SUBMISSIONS CLOSED: 04/19/2002 DATE OF DECISION: 07/24/2002

BEFORE: Hennessy N (Deputy President) APPLICATION: access to documents - business affairs - access to documents - statutory exemption - Freedom of Information Act - access to documents - business affairs - Freedom of Information Act - access to documents - statutory exemption MATTER FOR DECISION: Principal matter Administrative Decisions Legislation Amendment Act 1997 Children and Young Persons (Care and Protection) Act 1998 Freedom of Information Act 1982 (Cth) LEGISLATION CITED : Freedom of Information Act 1989 Interpretation Act 1987 Administrative Decisions Tribunal Act 1997 Children and Young Persons (Savings and Transitional) Regulation 2000 Schlebaum -v- Director General, Department of Community Services and Gliksman [2001] NSWADT 97 Schlebaum (No. 2) -v- Director General, Department of Community Services & anor [2001] NSWADT 214 Attorney General's Department v Cockcroft (1986) 10 FCR 180 CASES CITED: Neary v Chief Executive, State Rail Authority [1999] NSW ADT 107 Raephel v Director General, Department of Education and Training [1999] NSW ADT 108 Bennett v Director General, National Parks and Wildlife Service [2000] NSWADT 136 BY v Director General, Attorney General's Department [2002] NSWADT 79 APPLICANT N Abadee, barrister REPRESENTATION: 1. RESPONDENT P Singleton, barrister 2. RESPONDENT No Appearance ORDERS: The agency's decision to grant Dr Gliksman access to the disputed documents is set aside.