Mauger -v- General Manager, Wingecarribee Shire Council [1999] NSWADT 35

CITATION: Mauger -v- General Manager, Wingecarribee Shire Council [1999] NSWADT 35

DIVISION: General

APPLICANT: James Ernest Mauger

RESPONDENT: The General Manager, Wingecarribee Shire Council

FILE NUMBER: 993002

HEARING DATES: 02/25/1999

SUBMISSIONS CLOSED: 02/25/1999

DATE OF DECISION: 12 May 1999

K P O'Connor DCJ - President BEFORE:

PRIMARY LEGISLATION: Freedom of Information Act 1989

APPLICATION: Review of refusal to grant access to documents - law enforcement exemption

MATTER FOR DECISION: Principal matter

Applicant: R Weaver of counse instructed by K Worthington REPRESENTATION: Respondent: B Bilinsky solicitor, B Bilinsky & Co

ORDERS: 1. The decision of the agency is affirmed.

1 The matter for review is a decision by the Wingecarribee Shire Council ('the agency') to provide partial access to documents sought under the Freedom of Information Act 1989 . Two items of information were not disclosed: the name and address of an informant who passed on to a Council Environment Officer information received from a third person; and the reference to the third person. The information reported alleged conduct that, if true, involved a serious breach of laws enforced by the council relating to protection of the environment and clean water. The applicant is a farmer in the district, Mr James Ernest Mauger ('the applicant'), whose property, "Bell Farm" at Robertson, was said to be the location of the alleged conduct.

2 His application for review was made on 5 January 1999 under s.53 of the Freedom of Information Act 1989 ('the Act'). Section 53(1) provides that "[a] person who is aggrieved by a determination made by an agency … may apply to the Tribunal for a review of the determination". The applicant is a person aggrieved by a determination, as his original and internal review applications have been the subject of a determination that he be given partial access to a copy of a document with exempt matter deleted: see s.53(3)(a)(iii).