Altaranesi v NSW Self Insurance Corporation [2010] NSWADT 217

CITATION: Altaranesi v NSW Self Insurance Corporation [2010] NSWADT 217

DIVISION: General Division

APPLICANT Tareq Altaranesi PARTIES: RESPONDENT NSW Self Insurance Corporation

FILE NUMBER: 103038

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 15 July 2010

DATE OF DECISION: 30 August 2010

BEFORE: Molony P - Judicial Member

CATCHWORDS: Freedom of information – jurisdiction - adequacy of search

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

Administrative Decisions Tribunal Appeal Panel v Director General, Department of Commerce & Ors [2008] NSWCA 140 CASES CITED: Chan v Department of Education and Training (GD) [2010] NSWADTAP Coote v Commissioner of Police, New South Wales Police Force (GD) [2008] NSWADTAP 86 White v NSW Department of Education and Training (GD) [2009] NSWADTAP 73

APPLICANT In person REPRESENTATION: RESPONDENT G Wallace. solicitor

ORDERS: The Tribunal does not have jurisdiction to review the adequacy of search issued raised by Mr Altaranesi.

REASONS FOR DECISION

Background 1 On 23 February 2010 Mr Altaranesi filed an application to review a decision made on internal review by the NSW Self Insurance Corporation (SICorp) under the Freedom of Information Act 1989. The internal review decision was made on 16 February 2010.

2 Mr Altaranesi's initial FOI request sought documents relating to workers compensation claims he had made against his former employer, the South West Sydney Area Health Service (SWSAHS): I am applying under FOI Act for:- I- Access (inspect) and 2- Get copy of The files of the claim No. 29559EML and claim No. 22930EML (Manually and Electronically). My request has to include all medical assessment reports and all exchanged documents (mail, fax, email) between Employers Mutual Limited, Royal Prince Alfred Hospital, Sydney South West Area Health Service and all doctors. 3. The above request is only for the period of 1/4/2008 until 04/01/2010