Z v NSW Department of Education and Training [2010] NSWADT 25

CITATION: Z v NSW Department of Education and Training [2010] NSWADT 25

DIVISION: General Division

APPLICANT Z PARTIES: RESPONDENT NSW Department of Education and Training

FILE NUMBER: 083159

HEARING DATES: 20 November 2008 and 7 July 2009

SUBMISSIONS CLOSED: 28 August 2009

DATE OF DECISION: 28 January 2010

BEFORE: Wilson R - Judicial Member

CATCHWORDS: Amendment of records under the Freedom of information Act 1989 - meaning of relevant employment proceeding in s.33 Commission for Children and Young Persons Act 1988.

LEGISLATION CITED : Freedom of Information Act 1989 Commission for Children and Young Persons Act 1988, s.33

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

ORDERS: 1 The proceedings are listed for a directions hearing on 16.02.10 at 12:30 pm, with leave granted to the parties to list the proceedings for another time should this date be unsuitable.

REASONS FOR DECISION

1 The applicant commenced these proceedings pursuant to the Freedom of Information Act 1989 together with other proceedings, also under that Act. These other proceedings (being matter number 073125) have been finally determined by withdrawal. The current proceedings though have proceeded to final determination by the Tribunal. During interlocutory stages, and between the hearing days, the parties engaged in extensive negotiations with the consequence that they have been able to bring this matter for hearing on a single precisely determined issue. This issue will become apparent during the following discussion, however, in summary, the parties have been able to reach a stage where they have asked the Tribunal to determine whether certain records maintained by the respondent, which pertain to the applicant, should be amended, to some degree at least. The parties should be commended for their efforts in this regard.