Waite v Hornsby Shire Council [2009] NSWADT 117

CITATION: Waite v Hornsby Shire Council [2009] NSWADT 117

DIVISION: General Division

APPLICANT Peter Andrew Waite PARTIES: RESPONDENT Hornsby Shire Council

FILE NUMBER: 083261

HEARING DATES: 10 December 2008

SUBMISSIONS CLOSED: 10 December 2008

DATE OF DECISION: 22 May 2009

BEFORE: Higgins S - Judicial Member

CATCHWORDS: Freedom of Information – request for amendment of documents – where the information sought to be amended by applicant was information concerning his personal affairs

LEGISLATION CITED : Freedom of Information Act 1982 (Cth) Freedom of Information Act 1989

Commissioner of Police v District Court of New South Wales (1993) 31 NSWLR 606 (Perrin's case) Department of Social Security v Dyrenfurth (1988) 80 ALR 533 Morgan v Director-General, Department of Education and Training [2000] NSWADTAP 3 CASES CITED: Morgan v Director-General, Department of Education and Training [1999] NSWADT 91 Re Terrence Corbett and Australia Federal Police [1986] AATA143 (30 May 1986) Re WF Toomer and Department of Primary Industries and Energy (1990) 20 ALD 275; [1990] AATA 85Z R v Director General, New South Wales Department of Education and Training [2008] NSWADT 28

APPLICANT J Johnson, barrister REPRESENTATION: RESPONDENT I Woodward, solicitor

ORDERS: By consent the decision of the Council the subject of review is set aside and in substitution thereof a decision that the third and final paragraphs of the Memorandum be struck through with an annotation in the terms of the agreement of the parties, dated 10 December 2008, being added.