Challita v NSW Department of Education and Training [2010] NSWADT 175

CITATION: Challita v NSW Department of Education and Training [2010] NSWADT 175

DIVISION: General Division

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

FILE NUMBER: 083155

HEARING DATES: 25 November 2008

SUBMISSIONS CLOSED: 24 November 2009

DATE OF DECISION: 14 July 2010

BEFORE: Montgomery S - Judicial Member

CATCHWORDS: Freedom of Information Act - access to documents

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989

Challita v NSW Department of Education and Training (No.2) [2009] NSWADT 174 CASES CITED: Director General, Department of Education and Training v Mullett and Randazzo (No. 2) [2002] NSWADTAP 29 McKinnon v Secretary, Department of Treasury [2006] HCA 45 Robinson v Director General, Department of Health [2002] NSWADT 222

APPLICANT In person REPRESENTATION: RESPONDENT A Johnson, solicitor

ORDERS: The agency's decision to refuse access to the requested document is affirmed.

REASONS FOR DECISION

Background 1 This matter is part of a series of applications brought by the applicants under the Freedom of Information Act 1989 ("the FOI Act") seeking access to documents held by the Department of Education and Training ("DET"). The documents sought concern the operations of the DET's selective schools unit, the Selective Schools process and the role of the Selection Committee.

2 The applicants requested access to three categories of documents. Jurisdictional issues in regard to part of the matter were the subject of my determination in Challita v NSW Department of Education and Training (No.2) [2009] NSWADT 174. That determination was the subject of an appeal, which was ultimately finalised on 24 November 2009.