Chen v University of NSW [2010] NSWADT 304

CITATION: Chen v University of NSW [2010] NSWADT 304

DIVISION: General Division

APPLICANT Juchuan Chen PARTIES: RESPONDENT University of New South Wales

FILE NUMBER: 053403

HEARING DATES: 17 September 2010

SUBMISSIONS CLOSED: 22 October 2010

DATE OF DECISION: 21 December 2010

BEFORE: Wilson R - Judicial Member

CATCHWORDS: Imposition of charges for dealing with applications under the Freedom of Information Act 1989 and granting access to documents. Principles applicable when considering an application for charges payable pursuant to Freedom of Information Act 1989, s.24 - Freedom of Information (Fees and Charges) Order 1989, clause 5. Power of Tribunal at the conclusion of proceedings to impose charges under s.24 Freedom of Information Act 1989.

LEGISLATION CITED : Freedom of Information Act 1989, s.24 Freedom of Information (Fees and Charges) Order 1989, clause 5.

Chen v University of New South Wales (No. 4) [2009] NSWADT 320 CASES CITED: Chen v University of New South Wales (No. 3) [2009] NSWADT 305 Chen v University of New South Wales [2008] NSWADT 244

APPLICANT In person REPRESENTATION: RESPONDENT P Singleton,barrister

1. No charges should be imposed pursuant to s.24 Freedom of Information Act 1989 with respect to dealing with the applicant's application and granting access in accordance with the Tribunal's earlier orders ORDERS: 2. The respondent's application for the imposition of such charges, and ancillary orders, is dismissed 3. The respondent's application for leave to approach the Tribunal for further orders is refused.