O’Toole v Wyong Shire Council [2009] NSWADT 250

CITATION: O'Toole v Wyong Shire Council [2009] NSWADT 250

DIVISION: General Division

APPLICANT Carolyn O'Toole

PARTIES: FIRST RESPONDENT Wyong Shire Council

SECOND RESPONDENT Barry Waters

FILE NUMBER: 073205

HEARING DATES: 22 October 2008, 2 June 2008 and 7 July 2009

SUBMISSIONS CLOSED: 7 July 2009

DATE OF DECISION: 29 September 2009

BEFORE: Wilson R - Judicial Member

CATCHWORDS: Freedom of Information - personal affairs exemption - unreasonable disclosure - general discretion to grant access to exempt documents.

LEGISLATION CITED : Freedom of Information Act (NSW) 1989

CASES CITED: Saleam v Director General's Department of Community Services [2002] NSW ADT 41

TEXTS CITED: 1.The decision under review is set aside to the extent that it determined that the documents identified in these reasons were exempt in whole or in part and refused access to those same documents, or part thereof 2. Access, without redaction, is granted to the applicant of those same documents.

APPLICANT In person REPRESENTATION: RESPONDENT J Reilly, solicitor

ORDERS: 1.The decision under review is set aside to the extent that it determined that the documents identified in these reasons were exempt in whole or in part and refused access to those same documents, or part thereof 2. Access, without redaction, is granted to the applicant of those same documents.

REASONS FOR DECISION

1 The applicant has commenced these proceedings in the Tribunal pursuant to the Freedom of Information Act 1989 seeking access to certain documents which the first respondent had declined to release, either in whole or in part. The relevant documents are 6 in number; one document is a statement by the second respondent, which the first respondent declined to release in part, and the other 5 documents consist of email communications which the first respondent declined to release simpliciter.