Taylor - v- Chief Inspector, RSPCA [1999] NSWADT 23

CITATION: Taylor - v- Chief Inspector, RSPCA [1999] NSWADT 23

DIVISION: General

APPLICANT: Allan Thomas Taylor

RESPONDENT: Chief Inspector, RSPCA

FILE NUMBER: 993025

HEARING DATES: 30/03/99

SUBMISSIONS CLOSED: 30/03/99

DATE OF DECISION: 19 April 1999

M A Robinson Presiding Judicial Member BEFORE:

PRIMARY LEGISLATION: Freedom of Information Act 1989

APPLICATION: Review of refusal to grant access to documents -

MATTER FOR DECISION: Principal matter

Applicant: In person REPRESENTATION: Respondent: P Rowe of counsel instructed by Smythe & Mallam

1. The reviewable decision is set aside. ORDERS: 2. Those parts of the two documents which fall within the scope of applicant's FOI application and which identify the name, address or phone number of the informant are exempt matter within the meaning of section 6(1) of the FOI Act and clause 4(2)(a)(v) of Schedule 1 of the FOI Act. 3. Pursuant to section 25(4) of the FOI Act, the exempt matter is to be deleted from the two documents and a copy of the documents with the exempt matter so deleted is to be provided to the applicant. 4. The two documents that comprise the confidential exhibits in these proceedings be returned to respondent after the expiration of 28 days from today.

1 In late December 1998, the applicant made a request for access to certain documents of the respondent in a written application made under section 17 of the Freedom of Information Act 1989 (NSW) ("the FOI Act"). Section 16 of the FOI Act provides for a legally enforceable right to a person to be given access to an agency's documents in accordance with the Act. The documents sought in the application were described in the following terms: