Preston v Chief Executive, Casino Control Authority; Star City Pty Limited & TABCORP Holdings Ltd v Chief Executive, Casino Control Authority [2003] NSWADT 165

Set aside by Appeal : Set adside on appeal on December 2003

CITATION: Preston v Chief Executive, Casino Control Authority; Star City Pty Limited & TABCORP Holdings Ltd v Chief Executive, Casino Control Authority [2003] NSWADT 165 revised - 10/07/2003 DIVISION: General Division APPLICANTS Alexander Preston PARTIES: Star City Pty Limited & TABCORP Holdings Ltd RESPONDENT Chief Executive, Casino Control Authority FILE NUMBER: 023276, 023296 HEARING DATES: 09/04/2003 SUBMISSIONS CLOSED: 04/09/2003 DATE OF DECISION: 07/11/2003

BEFORE: Higgins S - Judicial Member APPLICATION: access to documents - business affairs - access to documents - confidential material - access to documents - secrecy provisions - Freedom of Information Act - access to documents - business affairs - Freedom of Information Act - access to documents - confidential material - Freedom of Information Act - access to documents - secrecy provisions MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Casino Control Act 1992 Freedom of Information Act 1989 CASES CITED: St Vincent Welch v Chief Executive Officer, Casino Control Authority [2201] NSWADT 89 at [20]Re S and Commissioner of Taxation (No 2) (1993) 25 ATR 1015 at 1024Re T and Queensland Health (1994) 1 QAR 386 at 391McCabe v Electoral Commission, State Electoral Office [2003] NSWADT 24 at [16]Commissioner of Police v District Court of New South Wales (Perrin's Case)(1993) 31 NSWLR 606Woods v Chief Executive Officer, State Rail Authority [2002] NSWADT 253Saleam v Director General, Department of Community Services and Ors [2202] NSWADT 41, at [38]Re Saxon and Australian Maritime Authority (unreported, AAT, Cth, 19 June 1995 at 25Schlebaum (No 3) v Director General, Department of Community Services and Anor [2002] NSWADT 128, at [54 - 57]Re Maher and Attorney-General's Department (N0 2); CRA Ltd and Mary Kathleen Uranium Ltd (1986) 13 ALD 98Ryder v Booth [1985] VR 870 at 872 Re B and Brisbane North Regional Health Authority (1994) 1 QAR 279 at 341Re B and Brisbane North Regional Health Authority (1994) 1 QAR 279 at 338Wiseman v Commonwealth, unreported, Federal Court, 24 October 1989Mitsubishi Motors Australia Ltd v Department of Transport (1986) 68 ALR 626Handicapped Children's Centre, NSW v Director, Department of Ageing Disability and Home Care [2003] NSWADT 116) APPLICANTS Mr Preston in person REPRESENTATION: K Eastman, barrister for Star City Pty Limited & TABCORP Holdings Ltd RESPONDENT N Sharp, barrister ORDERS: 1 The decision of the Chief Executive of the CCA in respect of the first and second Cripps reports, and document 36.2 and 42.1 is affirmed ; 2 The decision of the Chief Executive of the CCA in respect of document 6.1, 29.1, 9.2 and 9.3 is varied. An edited version of each document is to be released, with deletion of the relevant exempt matter, within 30 days of this decision; 3 The decision of the Chief Executive of the CCA in respect of document 13.1 is not affirmed, and Mr Preston's request in respect of this document is remitted to the CCA for further consideration, in consultation with Star City, in respect of deletions of the relevant exempt matters. Within 30 days of this decision, an edited version of the document is to be released with the deletion of the relevant exempt matters; 4 Liberty to the parties to apply within 14 days in respect of the terms of Order 3; 5 The decision of the Chief Executive of the CCA in respect of document 36.3 is set aside and in substitution of that decision a decision is made to grant access to that document; 6 A decision in respect of costs is to be made on the papers, subject to the parties being given liberty to submit written submissions within 14 days of this decision.