McGuirk v Attorney General’s Department of New South Wales [2009] NSWADT 232

CITATION: McGuirk v Attorney General's Department of New South Wales [2009] NSWADT 232

DIVISION: General Division

APPLICANT Michael McGuirk PARTIES: RESPONDENT Attorney General's Department of New South Wales

FILE NUMBER: 073305

HEARING DATES: 21 December 2007

SUBMISSIONS CLOSED: 6 August 2008

DATE OF DECISION: 11 September 2009

BEFORE: Olsson E, SC - Deputy President

CATCHWORDS: External review

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

Simpson v Director General, Department of Education & Training [2000] NSWADT 134 CASES CITED: YG and GG v Minister for Community Services [2002] NSWCA 247 University of New South Wales v Gerard Michael McGuirk [2006] NSWSC 1362

APPLICANT In person REPRESENTATION: RESPONDENT J McDonnell, solicitor

1. The Tribunal affirms the decision of the Agency pursuant to s. 63(3)(a) of the ADT Act ORDERS: 2. The Tribunal dismisses the application in respect of the documents produced under request (ii) and (iv) pursuant to s.73 (5)(g)(ii) of the ADT Act as lacking in substance 3. Each party pay its own costs. Operation of this order is stayed for 14 days to enable the parties to make submissions as to costs if they wish any other order to be made.

REASONS FOR DECISION

The proceedings

1 The matter before the Tribunal arose as a result of an application made to the Department of the Attorney-General ("the Agency") pursuant to the Freedom of Information Act 1989 ("FOI Act") on 6 August 2007 and noted as 'filed' on 8 August 2007. An application for internal review was made to the Administrative Decisions Tribunal ("the Tribunal") on 3 September 2007 pursuant to s.24 (2) of the FOI Act on the basis that the Attorney General's Department failed to determine the original application within 21 days after receipt of the application (that is, by 28 August 2007). 2 A further application was made on 31 August 2007 to the Attorney General's Department (as the Agency).