McGuirk v University of New South Wales [2005] NSWADT 113

Set aside by Appeal : Set Aside by Appeal on 8/12/06: University of New South Wales v Gerard Michael McGuirk [2006] NSWSC 1362

CITATION: McGuirk v University of New South Wales [2005] NSWADT 113 DIVISION: General Division APPLICANT PARTIES: Gerard Michael McGuirk RESPONDENT University of New South Wales FILE NUMBER: 043295, 043398 HEARING DATES: 13/04/2005-14/04/2005 SUBMISSIONS CLOSED: 05/14/2005 DATE OF DECISION: 05/23/2005

BEFORE: Montgomery S - Judicial Member APPLICATION: access to documents - confidential material - access to documents - personal affairs - access to documents - protected disclosures - access to documents - substantial and unreasonable diversion of agency's resources - Freedom of Information Act - access to documents - confidential material - Freedom of Information Act - access to documents - personal affairs - Freedom of Information Act - access to documents - protected disclosures - Freedom of Information Act - access to documents - substantial and unreasonable diversion of agency's resources MATTER FOR DECISION: Principal matter LEGISLATION CITED : Freedom of Information Act 1989 Protected Disclosures Act 1994 Chief Executive Officer, State Rail Authority v Woods [GD) [2003] NSWADTAP 25 Commissioner of Police -v- District Court of NSW (1993) 31 NSWLR CASES CITED: Electoral Commissioner, State Electoral Office v McCabe (GD) [2003] NSW ADTAP 28 Robinson -v- Director General, Department of Health [2002] NSWADT 222 Young v Wicks (1986) 13 FCR APPLICANT REPRESENTATION: In person RESPONDENT A Mullen, solicitor ORDERS: 1. The reviewable decisions are set aside; 2. The applicant is to be given a copy of each of those documents that fall within the scope of the applications. It is sufficient satisfaction of this order if the documents are provided in a printable electronic form; 3. Of the documents sought, the material identified in Schedule 1 to these reasons falls outside the scope of the application; 4. These matters are to be listed for further directions in relation to the issue of whether a report under Section 58 of the FOI Act ought to be made.