Rozenauers v Lane Cove Council [2010] NSWADT 29

CITATION: Rozenauers v Lane Cove Council [2010] NSWADT 29

DIVISION: General Division

APPLICANT Inga Helen Rozenauers PARTIES: RESPONDENT Lane Cove Council

FILE NUMBER: 093159

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 16 November 2009

DATE OF DECISION: 1 February 2010

BEFORE: Montgomery S - Judicial Member

CATCHWORDS: Access to documents – adequacy of search – jurisdiction - referral of matter to Ombudsman

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 CASES CITED: Cianfrano v Director General, Department of Commerce and anor (No 2) [2006] NSWADT 195 Damorange Pty Ltd v Roads and Traffic Authority [2008] NSWADT 309 Retain Beacon Hill High School Committee Inc v Landcom [2008] NSWADT 283

APPLICANT D Ross, solicitor REPRESENTATION: RESPONDENT I Naylor, Agent

ORDERS: The proceedings are dismissed.

REASONS FOR DECISION

1 The applicant applied to Lane Cove Council ("the Council") under the Freedom of Information Act 1989 ("the FOI Act") requesting access to a number of documents held by the Council. The Council's Manager – Governance, Mr Ian Naylor, determined the application.

2 Mr Naylor determined to grant the applicant "full access to all of the Council records in relation to DA981287 and DA108170 as contained in the attached "Schedule of Documents", with the exception of the removal of any personal information such as e-mail addresses and phone numbers of third parties". He noted: 1. All minutes, Reports and Resolutions with regards to this matter are on the Development Application file for DA981287. 2. All instructions, advice and statements to Council's Solicitors in relation to this matter are on the Development Application file for DA981287. 3. There is no documents for safe keeping at Council's Solicitors offices. 4. The Report by R. A. Walls Construction dated 14 Feb 2008, was sent by mail to Council on 20 February 2008 and has been filed on DA981287 (listed in the Schedule of Documents as document no. 259). A processing fee under the Freedom of Information Act applies of $270 (incl. GST), being 8 hours of staff time to peruse, read and print documents relating to your request. The amount of $30 has already been paid. Upon payment of the remaining $240, copies of the requested documents will be provided to you from Council's Front Counter. 3 The applicant applied for an Internal Review of Mr Naylor's determination. She asserted that she had been: - refused access to a document - refused access to past of a document - charged too much