Z v NSW Department of Education and Training (No 2) [2010] NSWADT 238

CITATION: Z v NSW Department of Education and Training (No 2) [2010] NSWADT 238 This decision has been amended. Please see the end of the decision for a list of the amendments.

DIVISION: General Division

APPLICANT Z PARTIES: RESPONDENT NSW Department of Education and Training

FILE NUMBER: 083159

HEARING DATES: 27 April 2010

SUBMISSIONS CLOSED: 6 July 2010

DATE OF DECISION: 7 October 2010

BEFORE: Wilson R - Judicial Member

CATCHWORDS: Amendment of records under the Freedom of information Act 1989 - meaning of relevant employment proceeding in s.33 Commission for Children and Young Persons Act 1988.

LEGISLATION CITED : Freedom of Information Act 1989 Commission for Children and Young Persons Act 1988,

APPLICANT In person REPRESENTATION: RESPONDENT S Bilbie-Taylor, solicitor

ORDERS: 1. The decision under review is set aside and in lieu thereof the respondent is directed to endorse the review document, against the applicant's name, with the notation as follows: Notation removed as per Appeal Panel decision in Z v Department of Education and Training(GD)[2011] NSWADTAP 26

REASONS FOR DECISION

1 The applicant commenced these proceedings pursuant to the Freedom of Information Act 1989 together with other proceedings (being matter number 073125), also under that Act. These other proceedings were finally determined by withdrawal. The current proceedings though proceeded to final determination by the Tribunal. During interlocutory stages, and between the hearing days, the parties engaged in extensive negotiations with the consequence that they have been able to bring this matter for hearing on a single precisely determined issue. This issue will become apparent during the following discussion, however, in summary, the parties were able to reach a stage where they have asked the Tribunal to determine whether certain records maintained by the respondent, which pertain to the applicant, should be amended, to some degree at least. The parties should be commended for their efforts in this regard.