Kirby v NSW Department of Community Services [2009] NSWADT 182

CITATION: Kirby v NSW Department of Community Services [2009] NSWADT 182

DIVISION: General Division

APPLICANT David Kirby PARTIES: RESPONDENT NSW Department of Corrective Services

FILE NUMBER: 093014

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 28 April 2009

DATE OF DECISION: 10 July 2009

BEFORE: Pearson L - Judicial Member

CATCHWORDS: Access to documents – business affairs – personal affairs

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

Re Chandra and Minister for Immigration and Ethnic Affairs (1984) 6 ALN N257 CASES CITED: Cianfrano v Director-General, Premiers Department [2007] NSWADT 216 Vincent Neary v State Rail Authority [1999] NSWADT 107 Searle Australia Ltd v Public Interest Advocacy Centre (1992) 36 FCR 111

APPLICANT In person REPRESENTATION: RESPONDENT R Young, solicitor

ORDERS: 1. The decision of the respondent to refuse the applicant access to Documents 1 and 3 is affirmed 2. The decision of the respondent to refuse the applicant access to Document 2 is varied: (a) The respondent is to provide, 28 days after the date of this decision, a copy of the letter dated 3 August 2007 identified as Attachment 1 to the letter to the respondent dated 21 December 2007 with exempt matter deleted in accordance with paragraph 27 of these reasons. (b) The decision of the respondent to refuse the applicant to the letter dated 2 November 2007 identified as Attachment 4 to the letter to the respondent dated 21 December 2007 is affirmed.