Neary -v- Treasurer of New South Wales [2001] NSWADT 161

Set aside by Appeal : set aside by appeal on 15 February 2002 Neary -v- Treasurer of New South Wales [2002] NSWADTAP 4

CITATION: Neary -v- Treasurer of New South Wales [2001] NSWADT 161 DIVISION: General Division APPLICANT PARTIES: Vincent Neary RESPONDENT Treasurer of New South Wales FILE NUMBER: 003394 HEARING DATES: On the papers SUBMISSIONS CLOSED: 06/22/2001 DATE OF DECISION: 09/24/2001

BEFORE: Britton A - Judicial Member APPLICATION: access to documents - cabinet documents - Freedom of Information Act - access to documents - cabinet documents - Jurisdiction MATTER FOR DECISION: Principal matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989 Mangoplah Pastoral Co Pty Ltd v Great Southern Energy [1999] NSW ADT 93 Rittau v Commissioner of Police [2000] NSWADT 186, Watkins v Chief Executive, Roads and Traffic Authority [2000] NSWADT 11 CASES CITED: Kay (No 2) v Department of Corrective Services [2000] NSWAD 67 Kennedy v Commissioner of Police [2001] NSWADT 39 Chief Executive, SAS Trustee Corporation v Daykin [2000] NSWADTAP 20 Commonwealth of Australia v Northern Land Council (1993) 176 CLR 604 APPLICANT REPRESENTATION: In person RESPONDENT N Sharp, solicitor ORDERS: Decision under review is affirmed.

1 This decision concerns an application made under s.53 of the Administrative Decisions Tribunal Act 1997 ("Tribunal Act") by Vincent Neary for a review of a decision by the Treasurer of NSW refusing access to certain documents sought by Mr Neary in his Freedom of Information ("FOI") request of 28 September 2000. With the consent of the parties this matter has been determined "on the papers."