White v NSW Department of Education and Training [2009] NSWADT 154

CITATION: White v NSW Department of Education and Training [2009] NSWADT 154 This decision has been amended. Please see the end of the decision for a list of the amendments.

DIVISION: General Division

APPLICANT Christine Patricia White PARTIES: RESPONDENT NSW Department of Education and Training

FILE NUMBER: 083217

HEARING DATES: 13 January 2009

SUBMISSIONS CLOSED: 13 January 2009

DATE OF DECISION: 22 June 2009

BEFORE: Montgomery S - Judicial Member

CATCHWORDS: Freedom of Information Act - access to documents – adequacy of search

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

Administrative Decisions Tribunal Appeal Panel v Director-General, Department of Commerce & Ors [2008] NSWCA 140 CASES CITED: Commissioner of Police v District Court of New South Wales (1993) 31 NSWLR 606 Department of Education and Training v Mullett GJ v NSW Department of Education and Training [2008] NSWADT 310University of New South Wales v Gerard Michael McGuirk [2006] NSWSC 1362Young v Wicks (1986) 13 FCR 85

APPLICANT In person REPRESENTATION: RESPONDENT L Watson, solicitor

1.The decision under review is affirmed insofar as it concerns the documents identified as pages 98, 99, 100 and pages 167 to 182. 2.The decision under review is set aside insofar as it relates to the documents identified as pages 94 to 96. That aspect of the decision is remitted for reconsideration by the DET pursuant to section 65 of the ADT Act. The redetermination is to be completed prior to 31 July 2009. ORDERS: 3. The decision under review, insofar as it relates to documents from the DET's Legal Services Directorate, is remitted to DET for reconsideration. That reconsideration is to be made in accordance with the amended scope of request, which excludes from the scope of the original request all documents which the review officer considers, on their face, to be likely to be subject to a claim of legal professional privilege. That reconsideration is to be completed by 31 January 2010. 4.The decision under review is dismissed insofar as it concerns the failure to provide access to documents said to have been identified as existing by the documents identified as pages 180 and 181. 5.The matter is to be listed for a further planning meeting at 9.30 am on Tuesday 11 August 2009.