Raethel -v- Director-General, Department of Education and Training [2000] NSWADT 56

CITATION: Raethel -v- Director-General, Department of Education and Training [2000] NSWADT 56 DIVISION: General Division APPLICANT Stephanie Raethel PARTIES: RESPONDENT Director-General, Department of Education and Training FILE NUMBER: 993051; 993052 HEARING DATES: SUBMISSIONS CLOSED: DATE OF DECISION: 05/09/2000

BEFORE: O'Connor K - DCJ (President) APPLICATION: Costs MATTER FOR DECISION: Application for costs LEGISLATION CITED : Freedom of Information Act 1989 Oshlack -v- Richmond River Council (1998) 193 CLR 72 Cachia -v- Hanes (1994) 179 CLR 403 Ohn -v- Walton (1995) 36 NSWLR 77 CASES CITED: Building Services Corporation -v- Buckett, Commercial Tribunal, 23 December 1997, unreported Cheyney -v- Spooner (1929) 41 CLR 532 Chaudhary -v- Chaudhary [1984] 3 All ER 1017 Quazi -v- Quazi [1980] AC 744 Latoudis -v- Casey 91990) 170 CLR 534 APPLICANT REPRESENTATION: R Lancaster, barrister RESPONDENT P Singleton, barrister ORDERS: 1. In matters 993052 and 993051 no order as to costs.

REASONS FOR DECISION

1 The Tribunal has delivered decisions in two matters involving these parties. On 9 November 1999 the Tribunal delivered its principal decision in matter no 993052: [1999] NSWADT 108. On 25 February 2000 the Tribunal delivered its principal decision in matter no 993051: [2000] NSWADT 14. The two matters are linked in that they arise from a series of requests made under the Freedom of Information Act 1989 (the FOI Act) which commenced in October 1997. They were made by the applicant in her capacity as an education writer for the Sydney Morning Herald. 2 Matter no 993052 related to refusals by the respondent agency of two requests relating to categories of statistics, being data which was capable of being generated in the form of documents. The information sought related to student performance in external examinations. 3 As to one request, the Tribunal affirmed the decision of the agency refusing to disclose data concerning the average Universities Admission Index ('UAI') achieved by school system, school type and Department of Education and Training school district. 4 The other request related to information concerning the estimated mean scaled result in Mathematics, English and Science in the Higher School Certificate ('HSC') for 1997 achieved by school system. The Tribunal set aside the agency's decision. 5 Matter no 993051 related to the decision of the agency refusing to release basic skills test results data in government schools organised by reference to postcode. The Tribunal partly affirmed and partly set aside that decision. (In this matter an appeal has been lodged, and is pending.) 6 In the earlier matter (no 993052) the applicant sought an order for costs. There was a similar application in matter no 993051 relying on the grounds put forward in matter no 993052. In each of the principal decisions, the Tribunal reserved its decision on the costs applications. There has been no request to reconvene to hear further submissions, and the Tribunal will proceed to deal on the papers with the applications on the basis of the submissions made in matter no 993052. The considerations raised apply equally to matter no 993051. This decision will dispose of the application for costs as it relates to both matters. 7 The applicant seeks an order for costs 'of an incidental to the proceedings giving rise to the application to the Tribunal since 7 December 1998.' The applicant also seeks an order for costs 'of and incidental to the proceedings in the Tribunal.' Normal Costs Rule in Tribunal 8 The normal rule applying to the costs of proceedings in the Tribunal is set by s 88 of the Administrative Decisions Tribunal Act 1997 (the Tribunal Act). The material provision is sub-section (1) which provides: