Avery v NSW Electoral Commission [2010] NSWADT 6

CITATION: Avery v NSW Electoral Commission [2010] NSWADT 6

DIVISION: General Division

Applicant: Stephanie Tatiana Patricia Avery PARTIES: Respondent: NSW Electoral Commission

FILE NUMBER: 093075

HEARING DATES: 6.7.09

SUBMISSIONS CLOSED: 14 August 2009

DATE OF DECISION: 5 January 2010

BEFORE: Montgomery S - Judicial Member

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Freedom of Information Act 1989 Parliamentary Electorates and Elections Act 1912

CASES CITED: Avery v Registry of Births Deaths and Marriages [2008] NSWADTAP 68 N (No 3) v Commissioner of Police, NSW Police Service [2002] NSWADT 34

Applicant Representative: In person REPRESENTATION: Respondent Representative: M DellaPozza, solicitor

ORDERS: The decision under review is affirmed

REASONS FOR DECISION

Background 1 The applicant has applied to the Tribunal under the Freedom of Information Act 1989 ("the FOI Act') for review of the NSW Electoral Commission refusal to amend its records so that her name is correctly recorded.

2 The applicant's full name is Stephanie Tatiana Patricia Avery however it appears that printouts of the Electoral Roll maintained by the respondent and correspondence, including a Penalty Notice, that the respondent has issued to her either omit one or both of her second and third given names, include only her initials or omit the final letter from her third given name. That is, her name is included as Stephanie Avery, Stephanie T Avery or Stephanie Tatiana Patrici Avery. Printouts of the Electoral Roll record her name as Stephanie Tatiana Patrici Avery. The respondent does not dispute that the Electoral Roll records her name in that way.