Bradford v Darkinjung Local Aboriginal Land Council [2010] NSWADT 45

CITATION: Bradford v Darkinjung Local Aboriginal Land Council [2010] NSWADT 45

DIVISION: General Division

APPLICANT Jeffrey John Bradford PARTIES: RESPONDENT Darkinjung Local Aboriginal Land Council

FILE NUMBER: 083356

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 14 December 2009

DATE OF DECISION: 15 February 2010

BEFORE: Montgomery S - Judicial Member

CATCHWORDS: Costs

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997

CASES CITED: Bradford v Darkinjung Local Aboriginal Land Council [2009] NSWADT 41

APPLICANT In person REPRESENTATION: RESPONDENT P Woods, solicitor

ORDERS: Each party is to pay its own costs in the proceedings

REASONS FOR DECISION

1 By letter dated 15 October 2008, the Applicant applied to the Darkinjung Local Aboriginal Land Council ("the Land Council") pursuant to the Freedom of Information Act 1989 ("the FOI Act"). His application was as follows: The Darkinjung Local Aboriginal Land Council (DWLC) is a body corporate constituted under the Aboriginal Land Rights 1983. I further note that the Land Council is a public authority and therefore subject to the conditions of s. 7 of the Freedom of Information Act 1989. I have recently been approached by a number of concerned DLALC members that certain decisions have been made by the Board without reference to the Membership. In this regard, I seek copies of all Board minutes, notes or records regarding the decision process taken by the Board with the recent appointment of the CEO. In addition to the above, I am informed an offer to settle a legal matter involving Mr Cunliffe was rejected out of hand and with very and unnecessary extreme haste. Please provide all copies of any minutes, notes or other records that detail the decision making process undertaken by the Board in this regard.