Rouvinetis v Department of Education and Training [2009] NSWADT 212

CITATION: Rouvinetis v Department of Education and Training [2009] NSWADT 212

DIVISION: General Division

APPLICANT Evangelo Rouvinetis PARTIES: RESPONDENT Department of Education and Training

FILE NUMBER: 093059

HEARING DATES: 15 June 2009

SUBMISSIONS CLOSED: 26 June 2009

DATE OF DECISION: 11 August 2009

BEFORE: Montgomery S - Judicial Member

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

LEGISLATION CITED : Freedom of Information Act 1989

Administrative Decisions Tribunal Appeal Panel v Director-General, Department of Commerce & Ors [2008] NSWCA 140 CASES CITED: Coote v Commissioner of Police, New South Wales Police Force (GD) [2008] NSWADTAP 86 McGuirk v Attorney General of NSW [2008] NSWADTAP 81 Wagh v Commissioner of Police, New South Wales Police Force [2008] NSWADT 264

APPLICANT In person REPRESENTATION: RESPONDENT S Bilbe-Taylor, solicitor

ORDERS: The Application for review is dismissed.

REASONS FOR DECISION 1 Mr Rouvinetis ('the applicant') applied to the Department of Education and Training ('the respondent') under the Freedom of Information Act 1989 ("the FOI Act") seeking access to documents concerning the parking practice at Sydney Boys High School and Sydney Girls High School. Following correspondence between the parties the application was narrowed to a request that the respondent provide the applicant with documents in relation to:

a. the authority for the parking practice at Sydney Boys High School and Sydney Girls High School, including when it was issued and by whom; b. who affixed the fee, under what considerations the fee was affixed and how the fee was to be collected, and c. how the fee collecting was to be monitored, how the collected fee was to be disposed and who and how/what was to determine the disposal of the collected fee.