Hoy v Department of Lands [2010] NSWADT 193

CITATION: Hoy v Department of Lands [2010] NSWADT 193

DIVISION: General Division

APPLICANT Glenda Hoy PARTIES: RESPONDENT Department of Lands

FILE NUMBER: 093244

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 12 July 2010

DATE OF DECISION: 30 July 2010

BEFORE: Higgins S - Deputy President

CATCHWORDS: Access to documents

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Freedom of Information Act 1989 Freedom of Information Act 1982 (Cth) Real Property Act 1900

Dawson v Health Care Complaints Commission [1999] NSWADT 57 Keriakes v State Rail Authority [2003] NSWADT 191 Neary v State Rail Authority [1999] NSWADT 107 at [42], CH Real Estate Pty Ltd (t/s Raine & Horne Commercial Penrith) v Penrith City Council [2005] NSWADT 147 CASES CITED: Re Chandra and Minister for Immigration and Ethnic Affairs (1984) 6 ALN N257 Re Mangan and the Treasury [2005] AATA 898 Re Pfizer Pty Ltd and the Department of Health, Housing and Community Services (1993) 30 ALD 647 Re Sitel Australia Pty Ltd and Employment Advocate (2005) 40 AAR 552 and [2005] AATA 617 Surf Life Saving Australia Ltd v Department of Education and Training [2001] NSWADT 76

APPLICANT In person REPRESENTATION: RESPONDENT P Blair, solicitor

ORDERS: 1.The decision of the respondent in regard to Document No 9, 41, 50 and 55 is set aside and in substitution thereof a decision that access to these Documents is refused on the grounds that the Documents are exempt under clause 6 of Schedule 1 of the FOI Act. 2.By consent, the decision of the respondent in regard to Document No 48 is set aside and in substitution thereof a decision that access to this Document is refused on the grounds that the Document is exempt under clause 10 of Schedule 1 of the FOI Act.