Cunliffe v Darkinjung Local Aboriginal Land Council [2010] NSWADT 55

CITATION: Cunliffe v Darkinjung Local Aboriginal Land Council [2010] NSWADT 55

DIVISION: General Division

APPLICANT Ian Cunliffe PARTIES: RESPONDENT Darkinjung Local Aboriginal Land Council

FILE NUMBER: 083371

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 14 December 2009

DATE OF DECISION: 24 February 2010

BEFORE: Montgomery S - Judicial Member

CATCHWORDS: Freedom of Information - Access to documents – invalid request - legal professional privilege

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

Administrative Decisions Tribunal Appeal Panel v Director-General, Department of Commerce & Ors [2008] NSWCA 140 Bradford v Darkinjung Local Aboriginal Land Council [2010] NSWADT 45 In Falk v ACT Health [2005] ACTAAT 22 CASES CITED: Patsalis v NSW Police (No 2) [2004] NSWADT 185 Re Redfern and University of Canberra (1995) 38 ALD 457 Waite v Hornsby Shire Council [2010] NSWADT 47 White v NSW Department of Education and Training [2009] NSWADTAP 73

APPLICANT In person REPRESENTATION: RESPONDENT P Woods, solicitor

ORDERS: The decision is affirmed. Each party is to pay its own costs in the proceedings.

REASONS FOR DECISION

1 By letter dated 7 November 2008, the Applicant applied to the Darkinjung Local Aboriginal Land Council ("the Land Council") pursuant to the Freedom of Information Act 1989 ("the FOI Act"). His application was as follows: I act for myself and National Management Consultants Pty Ltd (NMC) Under the Freedom of Information Act 1989 (NSW) I request the following documents held or controlled by Darkinjung Local Aboriginal Land Council (DLALC): 1. All documents which Mr Peter Hillig, Mr Patrick Woods and/or Mr David Smallbone have prepared and/or helped prepare and/or have communicated which refer to me and/or NMC and/or Mr Tony Hanrahan and/or Norton White are mentioned. 2. All documents which contain information as to why it was necessary or appropriate to wind up the activities of any of the following organisations: Darkinjung Pty Ltd Darkinjung Cattle Company Pty Ltd Darkinjung Funeral Fund Pty Ltd Darkinjung Projects Pty Ltd; and Darkinjung Housing Pty Ltd. 4. All documents which contain information as to what the financial impact has been of the decisions to wind up the activities of any of the following organisations: Darkinjung Pty Ltd Darkinjung Cattle Company Pty Ltd Darkinjung Funeral Fund Pty Ltd Darkinjung Projects Pty Ltd; and Darkinjung Housing Pty Ltd. 4. All documents which contain information which is relevant to the statement by the Chairperson Bob Morgan in the most recent Annual Report of DLALC that state 'The provision of misleading and/or deliberate untruthful advice by consultants" I have the full concurrence and agreement of the principal of NMC, Mr Hanrahan in making this request. In particular, Mr Hanrahan has directed me to communicate that he waives all issues of privacy and/or confidentiality in relation to the response by DLALC to this request. 2 The Land Council did not make a determination of the request within the 21-day period allowed by section 18(3) of the FOI Act and accordingly by virtue of section 24(2) of the FOI Act the request is deemed to have been refused.