Chen v University of New South Wales (No 3) [2009] NSWADT 305

CITATION: Chen v University of New South Wales (No 3) [2009] NSWADT 305

DIVISION: General Division

APPLICANT Juchuan Chen PARTIES: RESPONDENT University of New South Wales

FILE NUMBER: 053403

HEARING DATES: 30 June 2009 and 18 September 2009

SUBMISSIONS CLOSED: 18 September 2009

DATE OF DECISION: 8 December 2009

BEFORE: Wilson R - Judicial Member

CATCHWORDS: Discretionary power to grant access to exempt documents.

LEGISLATION CITED : Freedom of Information Act 1989

CASES CITED: Chen v University of NSW [2008] NSWADT 244 Cianfrano v Director General, Premier's Department [2007] NSWADT 216

APPLICANT In person REPRESENTATION: RESPONDENT P Singleton, barrister

ORDERS: 1. The directions hearing listed for 2:30 pm on 09.12.09 is confirmed.

REASONS FOR DECISION

1 The applicant has commenced these proceedings seeking access to certain documents held by the respondent in relation to which the respondent has refused access by relying upon several of the exemptions for which the legislation provides. The documents have been segregated into 8 groups, some groups containing numerous folios and others containing volumes of individual documents.

2 The Tribunal held in an earlier decision in the proceedings, Chen v University of NSW [2008] NSWADT 244, that each of the several documents sought by the applicant fall within the protected disclosures exemption (clause 20(1)(d), Schedule 1, Freedom of Information Act (NSW) 1989), given the breadth of this particular ground for exemption. Consequent upon this decision the parties addressed the question of access being granted upon discretionary grounds. This question arose upon the making of this earlier decision by reason of the power to refuse access being discretionary. A further hearing was convened for this purpose on 30.06.09, this being a course that the parties had earlier requested, following which the Tribunal reserved its decision as noted below.