Chen v University of New South Wales (No 4) [2009] NSWADT 320

CITATION: Chen v University of New South Wales (No 4) [2009] NSWADT 320

DIVISION: General Division

APPLICANT Juchuan Chen PARTIES: RESPONDENT University of New South Wales

FILE NUMBER: 053403

HEARING DATES: 9 December 2009

SUBMISSIONS CLOSED: 9 December 2009

DATE OF DECISION: 21 December 2009

BEFORE: Wilson R - Judicial Member

CATCHWORDS: Discretionary power to grant access to exempt documents. Formal orders setting aside decision under review and substituting new decision.

LEGISLATION CITED : Freedom of Information Act 1989

APPLICANT In person REPRESENTATION: RESPONDENT P Singleton, barrister

1.The decision under review is set aside in so far as it concerns the documents within the 8 categories of documents under review and the following determination, orders and directions are substituted therefore 2.Access is granted to all of the documents contained within Documents 1 and 2 with the names and addresses of each of the makers of the original protected disclosures, save for the applicant's name and address, being deleted and replaced, separately for each complainant, save the applicant, by suitable letters of the alphabet so as to maintain consistency throughout the documents. No other deletions are to be made. 3.Access is granted to all of the documents contained within Document No. 3 with the names and addresses, where occurring, of each of the makers of the original protected disclosures being deleted and replaced, separately for each complainant, by suitable letters of the alphabet so as to maintain consistency throughout the documents. No other deletions are to be made ORDERS: 4. Access is granted to all of the documents contained within Documents 4, 5, 6, 7 and 8 with the names and addresses, where occurring, of each of the makers of the original protected disclosures being deleted and replaced, separately for each complainant, by suitable letters of the alphabet so as to maintain consistency throughout the documents. No other deletions are to be made 5.For the purposes of giving effect to this determination the addresses of the makers of the original protected disclosures shall include postal, residential, business, employment and email addresses as well as telephone numbers 6.The respondent is directed to give effect to this substituted decision and these orders and directions forthwith and shall give priority in this regard to providing the applicant with access to documents within categories 1, 2 and 3 in accordance with this substituted decision 7.The parties are granted leave to list the proceedings on 3 days notice for further directions to resolve any issues that may arise in giving effect to this substituted decision, orders and directions, including the correction of any oversights 8.There shall be no orders as to the costs involved in bringing and litigating the proceedings in the Tribunal.