Challita v NSW Department of Education and Training [2009] NSWADT 244

CITATION: Challita v NSW Department of Education and Training [2009] NSWADT 244

DIVISION: General Division

APPLICANTS Jolanda and Peter Challita PARTIES: RESPONDENT NSW Department of Education and Training

FILE NUMBER: 073362

HEARING DATES: 5 March 2009

DATE OF DECISION: 23 September 2009

BEFORE: Montgomery S - Judicial Member

CATCHWORDS: Freedom of Information Act - amendment to documents -

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

Bennett v University of New England (unreported, NSW District Court, Dunford J, 7 August 1991) Chand v NSW Police [2007] NSWADT 131 Crewdson v Central Sydney Area Health Service [2002] NSWCA 345 CASES CITED: Ferns v New South Wales Department of Corrective Services [2007] NSWADT 296 Hayward-Brown v Wentworth Area Health Service [2000] NSWADT 46 Livermore v Tumbarumba Shire Council (No.2) [2008] NSWADT 172 Secretary, NSW Treasury v C [2004] NSWADTAP 6 Waite v Department of Local Government [2004] NSWADT

APPLICANT J Challita REPRESENTATION: RESPONDENT A Johnson, solicitor

ORDERS: 1. The decision under review is affirmed 2. The matter is listed for further directions on Monday 26 October 2009 at 9:30am.

REASONS FOR DECISION

Background 1 Over many years, the Applicants have corresponded with and complained to the Department of Education and Training ("the Department") about the way in which their children's applications for selective schools were processed and have alleged corruption and bias on the part of the Department. The background to the issues of concern to the Applicants can be found in previous decisions of this Tribunal.