Robinson -v- Director General, Department of Health [2002] NSWADT 222

CITATION: Robinson -v- Director General, Department of Health [2002] NSWADT 222 DIVISION: General Division APPLICANT PARTIES: Adrian Robinson RESPONDENT Director General, Department of Health FILE NUMBER: 013078 HEARING DATES: 08/11/2001, 02/04/2002 SUBMISSIONS CLOSED: 04/02/2002 DATE OF DECISION: 11/05/2002

BEFORE: Hennessy N (Deputy President) APPLICATION: access to documents - legal professional privilege - access to documents - operation of agencies - access to documents - personal affairs - Freedom of Information Act - access to documents - legal professional privilege - 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 1982 (Cth) Freedom of Information Act 1989 Independent Commission Against Corruption Act 1988 Mangoplah Pastoral Co Pty Ltd v Great Southern Energy [1999] NSWADT 93 Esso Australia Resources Ltd v The Commissioner of Taxation of the Commonwealth of Australia (1999) 168 ALR 123 Waterford v The Commonwealth (1987) 163 CLR 54 Esso Australia Resources Ltd v Commissioner of Taxation (1999) 168 ALR 123 Walden & Toni v Leichhardt Municipal Council [2001] NSWADT 81 Re Theis and Department of Aviation (1986) 5 AAR 27 Colakovski v Australian Telecommunications Corporation (1991) 29 FCR 429 Re Associated Minerals Consolidated Ltd and Secretary, Department of Transport and Communications (1990) 11 AAR 324 Re Mann and Australian Taxation Office (1985) 7ALD 698 Director General, Department of Education & Training -v- Mullett & anor (GD) [2002] NSWADTAP 13 revised Mullett -v- Director General, Department of Education and Training [2001] NSWADT 119 Searle Australia Pty Limited v Public Interest Advocacy Centre and Another (1992) 108 ALR 163 CASES CITED: Re "B" and Brisbane North Regional Health Authority (1994) 1 QAR 279 Harris v Australian Broadcasting Corporation (1983) 78 FLR 236 Director General, Department of Education and Training -v- Mullett and Randazzo (No. 2) [2002] NSWADTAP 29 Re Booker and Department of Social Security (unreported, AAT, 13 September 1990 Re Thomas and Royal Woman's Hospital and Director-General of Community Services (1988) 2VAR 618 Re Chandra and the Minister for Immigration and Ethnic Affairs (1984) 6 ALD 257 University of Melbourne v Robinson [1993] 2 VR 177 State of Queensland v Albietz [1996] 1 Qd R 215 Commissioner of Police v District Court of New South Wales (1993) 31 NSWLR 606 (Perrin's Case) Young v Wicks (1986) 13 FCR 85Department of Social Security v Dyrenfurth (1988) 80 ALR 533 Wiseman v Commonwealth of Australia (unreported, Federal Court, 24 October 1989 Hutchinson and Department of Human Services (1997) 12 VAR 422 APPLICANT REPRESENTATION: In person RESPONDENT K Thomas, solicitor ORDERS: 1. That part of the agency's decision which relies on Clause 10 of Schedule 1 to the Freedom of Information Act 1989 (legal professional privilege) is affirmed; 2. That part of the agency's decision which relies on Clause 20(d) to Schedule 1 of the Freedom of Information Act 1989 (protected disclosures) is affirmed ; 3. That part of the agency's decision which relies on Clause 16(a)(iv) of Schedule 1 to the Freedom of Information Act 1989 (operations of an agency) is affirmed; 4. That part of the agency's decision which relies on Clause 6 of Schedule 1 to the Freedom of Information Act 1989 (personal affairs) is dealt with as follows:; a) I affirm that part of the agency's decision not to release documents or parts of documents containing information relating to the personal affairs of clients, to the extent that the agency relies on Clause 6 of Schedule 1 (personal affairs) in relation to those documents or parts of documents ; b) I remit that part of the agency's decision not to release documents or parts of documents 249 and 251-259, to the extent that the agency relies on Clause 6 of Schedule 1 (personal affairs) in relation to those documents or parts of documents; c) I remit that part of the agency's decision not to release documents or parts of documents containing views or opinions about people other than Mr Robinson, to the extent that the agency relies on Clause 6 to Schedule 1 (personal affairs) in relation to those documents or parts of documents; d) I set aside that part of the agency's decision not to release documents or parts of documents containing views or opinions about Mr Robinson, to the extent that the agency relies on Clause 6 to Schedule 1 (personal affairs) in relation to those documents or parts of documents