Waite v General Manager, Hornsby Shire Council [2004] NSWADT 93

CITATION: Waite v General Manager, Hornsby Shire Council [2004] NSWADT 93 DIVISION: General Division APPLICANT PARTIES: Peter Andrew Waite RESPONDENT General Manger, Hornsby Shire Council FILE NUMBER: 033181 HEARING DATES: On the papers SUBMISSIONS CLOSED: 12/15/2003 DATE OF DECISION: 05/18/2004

BEFORE: Higgins S - Judicial Member APPLICATION: access to documents - internal working documents - access to documents - operation of agencies - access to documents - personal affairs - Freedom of Information Act - access to documents - internal working documents - Freedom of Information Act - access to documents - operation of agencies - Freedom of Information Act - access to documents - personal affairs MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Freedom of Information Act 1989 Privacy & Personal Information Protection Act 1998 Bennett v Vice Chancellor, University of New England [2000] NSWADT 8 Black v General Manager, Bathurst City Council [2001] NSWADT 139 Cheung v The Administrative Decisions Tribunal of NSW [2000] NSWSC 1062 CASES CITED: McMahon v Director General, Department of Fair Trading [2003] NSWADT 63 Re Eccleston and Department of Family Services and Aboriginal and Islander Affairs (1993) 1QAR 60 Tunchon v Commissioner of Police, New South Wales Police Service [2000] NSWADT 73 Waite v Director General, Department of Local Government [2003] NSWADT 11 Wilmshurst v Vice Chancellor, Macquarie University [2002] NSWADT 196 APPLICANT REPRESENTATION: In person RESPONDENT C Drury, solicitor ORDERS: 1.The Tribunal has no jurisdiction to hear and determine Mr Waite's application for external review of FOI application No 310; 2.The General Manager's decision to refuse Mr Waite access to the tape recording of the Council meeting of 12 March 2003 up to and including item 2 on the agenda is set aside. The General Manager is to provide Mr Waite with a copy of that tape within 28 days.