MJ v NSW Department of Education and Training (No 2) [2009] NSWADT 158

CITATION: MJ v NSW Department of Education and Training (No 2) [2009] NSWADT 158

DIVISION: General Division

APPLICANT MJ PARTIES: RESPONDENT NSW Department of Education and Training

FILE NUMBER: 083105

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 2 June 2009

DATE OF DECISION: 23 June 2009

BEFORE: Higgins S - Judicial Member

CATCHWORDS: Access to documents – personal affairs – legal professional privilege

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989

CASES CITED: MJ v NSW Department of Education and Training [2009] NSWADT 56

APPLICANT In person REPRESENTATION: RESPONDENT G Shirm, solicitor

ORDERS: The decision of the Department in regard to document number 182, 1337, 1348, 1653-1654, 423 and 9 is affirmed.

REASONS FOR DECISION

Introduction

1 On 13 March 2009 my decision in regard to MJ's application for review of determinations made by the respondent, the Department of Education and Training ('the Department'), was published: see MJ v NSW Department of Education and Training [2009] NSWADT 56 ('my earlier decision'). The determinations for which MJ sought review were determinations by the Department to refuse her access, in part or in whole, to a large number of documents for which she sought access under the Freedom of Information Act 1989 ('the FOI Act'). 2 In my earlier decision I made final orders in respect to the majority of documents (see orders 1 and 2 and paragraphs 88, 89 and 90 of the decision). In regard to document 1674 I made the following order: 3. The decision of the Department in regard to document 1674 is set aside and remitted for further consideration in accordance with paragraph 65 of these reasons for decision. 3 As there were a large number of documents in dispute I also made an order to ensure that all documents had been dealt with in my decision. That order was in the following terms: