McGuirk v University of New South Wales [2009] NSWADT 298

CITATION: McGuirk v University of New South Wales [2009] NSWADT 298

DIVISION: General Division

APPLICANT Gerard Michael McGuirk PARTIES: RESPONDENT University of New South Wales

FILE NUMBER: 093060

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 8 June 2009

DATE OF DECISION: 2 December 2009

BEFORE: Higgins S - Judicial Member

CATCHWORDS: Access to documents – request for an advance deposit – refusal to continue to deal with application as advanced deposit not paid

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

LZ v Office of the Protective Commissioner [2008] NSWADTAP 50 McGuirk v University of NSW [2009] NSWADTAP 12 CASES CITED: McGuirk v University of NSW [2007] NSWADT 258 McGuirk v University of NSW [2007] NSWADT 270 Styles v Wollondilly Shire Council [2004] ASWADAP 46

APPLICANT In person REPRESENTATION: RESPONDENT P Singleton, barrister

ORDERS: 1.The time in which Mr McGuirk is to lodge this application for review is extended to 7 July 2006 2.The decision of the University is affirmed.

REASONS FOR DECISION

Introduction 1 The applicant, Gerard Michael McGuirk (Mr McGuirk), has sought review of a decision of the respondent, the University of New South Wales (the University), in regard to his request for access to specified documents pursuant to the Freedom of Information Act 1989 (the FOI Act).

2 The decision for which Mr McGuirk seeks review is a decision of Ms J Davoren, the executive officer of the University, made on 20 April 2006. Her decision was to refuse to deal with Mr McGuirk's FOI application of 27 February 2006 as he had failed to pay the advance deposit requested by the University.