Cianfrano v Director General, Department of Commerce and anor (No 2) [2006] NSWADT 195

Pending Appeal :

CITATION: Cianfrano v Director General, Department of Commerce and anor (No 2) [2006] NSWADT 195

DIVISION: General Division

APPLICANT Robert Cianfrano PARTIES: FIRST RESPONDENT Director General, Department of Commerce SECOND RESPONDENT Sydney Markets Limited

FILE NUMBER: 043384

HEARING DATES: 13/04/06

SUBMISSIONS CLOSED: 04/13/2006

DATE OF DECISION: 06/27/2006

BEFORE: O'Connor K - DCJ (President)

CATCHWORDS: Jurisdiction to deal with Sufficiency of Search

MATTER FOR DECISION: Preliminary matter

Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1982 (Vic) LEGISLATION CITED : Freedom of Information Act 1989 Freedom of Information Act 1989 (ACT) Freedom of Information Act 1992 (Qld) Ombudsman Act 1974

Cianfrano v Director General, Department of Commerce and anor [2005] NSWADT 282 Re Wilson and Australian Federal Police (1983) 5 ALD 343 Beesley v Commissioner of Police, New South Wales Police Service [2000] NSWADT 52 BY -v- Director General, Attorney General's Department [2002] NSWADT 79 Re Anti-Fluoridation Association of Victoria and Secretary, Department of Health (1985) 8 ALD 163 Re Wiseman and Department of Transport (No 2) (unreptd, 11 April 1986, No V84/402) Re Hancock and Department of Resources and Energy (unreptd, 2 June 1986, No N85/515) Rana and Australian Federal Police [2006] AATA 356 Chu v Telstra Corporation [2005] FCA1730 Re Smedley and Department of Business, Arts, Sport and Tourism (1996) 41 ALD 779 CASES CITED: Smith and Administrative Services Department [1993] QICmr (30 June 1993); (1993) 1 QAR 22 Shepherd and Department of Housing, Local Government and Planning [1994] QICmr 7; (1994) 1 QAR 464 Re Hezky and Health Department of Victoria (1987) 1 VAR 387 Re Shorel and Health Department of Victoria (unreptd, 20 March 1990, No 89/43592) Re Tovarlaza and Ministry of Housing & Construction (unreptd, 9 October 1990, No 90/29305) Victoria Police v Burton (1999) 15 VAR 443; [1999] VSC 534 DQ v Commissioner of Police, NSW Police Service [2002] NSWADT 215 Re Czuczor and Department of Social Security (unreptd, 11 December 1987, No V87/350) Smith and Administrative Services Department [1993] QICmr 3; (1993) 1 QAR 22 Burton and Victoria Police, unreptd, Administrative Appeals Tribunal of Victoria, No 1996/26906 (5 November 1998) Re Kalman and Department of Veterans Affairs (unreptd, 23 October 1992, Q91/619) Miriani v Commissioner for Fair Trading, Office of Fair Trading [2005] NSWADT 99