S -v- Director-General, Department of Community Services [2000] NSWADT 24

CITATION: S -v- Director-General, Department of Community Services [2000] NSWADT 24 DIVISION: General Division APPLICANT S PARTIES: RESPOPNDENT Director-General, Department of Community Services FILE NUMBER: 993184 HEARING DATES: 15/11/99 SUBMISSIONS CLOSED: 11/22/1999 DATE OF DECISION: 03/17/2000

BEFORE: Hennessy N (Deputy President) APPLICATION: amendment to documents - Freedom of Information Act - amendment to documents MATTER FOR DECISION: Principal matter LEGISLATION CITED : Freedom of Information Act 1989 Re Corbett and Australian Federal Police (5 AAR 291) Re Leverett (1985) 8 ALN N135 CASES CITED: Re Sime and Minister for Immigration and Ethnic Affairs 21 AAR 369 Bennett -v- University of New England (unreported 7 August 1991 District Court) Cox and the Department of Defence 20 ALD 499 REPRESENTATION: J Needham, barrister R Henderson, barrister ORDERS: 1. The hearing be conducted wholly in private.; 2. Except in the official report of the proceedings, the publlication of evidence given before the Tribunal, or of matters contained in documents lodged with the Tribunal or received in evidence, is prohibited.; 3. Except in the official report of the proceedings, the publication of the names and addresses of witnesses appearing before the Tribunal is prohibited.; 4. The decision of the Director-General, Department of Community Services not to amend the relevant records in the manner requested by the applicant is set aside.; The following decision is made in its place.; 5. The two Intake Summaries dated 25 February 1997 and 27 February 1997 in relation to Y are to remain in the CIS system and on the files but the passages identified as incorrect or misleading in paragraphs 30 to 38 of this decision should be obliterated from the record. An annotation in relation to each record should be provided on the CIS system and the paper files in the following terms: ; The Administrative Decisions Tribunal has ordered that several passages in the following record be deleted or obliterated. These orders were made because the Tribunal found that those passages were incorrect or misleading and should be amended pursuant to the Freedom of Information Act 1989.