Challita v NSW Department of Education and Training (GD) [2009] NSWADTAP 70

Appeal Panel - Internal

CITATION: Challita v NSW Department of Education and Training (GD) [2009] NSWADTAP 70

APPELLANT Jolanda and Peter Challita PARTIES: RESPONDENT NSW Department of Education and Training

FILE NUMBER: 099034

HEARING DATES: 8 September 2009

SUBMISSIONS CLOSED: 8 September 2009

DATE OF DECISION: 3 December 2009

BEFORE: O'Connor K - DCJ (President); Fitzgerald K - Judicial Member; Bolt M - Non-Judicial Member

CATCHWORDS: Freedom of Information – Appeal – Tribunal Decision made 'on the papers' – Procedural Fairness – Agency Refusal to Deal with Request – Unreasonable Diversion of Resources – Appeal Dismissed – Respondent's Application for Costs of Appeal – Dismissed – Administrative Decisions Tribunal Act 1997, s 76 - Freedom of Information Act 1989, s 25(1)(a1)

DECISION UNDER APPEAL: Challita v NSW Department of Education and Training [2009] NSWADT 116

FILE NUMBER UNDER APPEAL: 073361

DATE OF DECISION UNDER APPEAL: 05/22/2009

Administrative Appeals Tribunal Act 1975 (Cth) LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989 Victorian Civil and Administrative Tribunal Act 1998 (Vic.)

CDJ v VAJ (1998) 197 CLR 172 Challita v Director-General, Department of Education and Training [2006] NSWADT 109 Challita v NSW Department of Education and Training [2009] NSWADT 116 Chand v RailCorp (GD) [2009] NSWADTAP 64 Cianfrano v Director General, Premier's Department [2006] NSWADTAP 48 CASES CITED: Cianfrano v Director-General, Premier's Department [2006] NSWADT 137 Hinton v Commissioner for Fair Trading, Office of Fair Trading [2007] NSWADTAP 17 Horner v West (EOD) [2008] NSWADTAP 3 John Fairfax Publications Pty Ltd & 2 Ors v Ryde Local Court & 3 Ors [2005] NSWCA 101; 62 NSWLR 512 Sunol v Collier [2006] NSWADTAP 51 Thaina Town (On Goulburn) Pty Ltd v City of Sydney Council [2007] NSWCA 300