NSW Caselaw
New South Wales Supreme Court
CITATION : Independent Commission Against Corruption v Gerard Michael McGuirk [2007] NSWSC 147
HEARING DATE(S) : 19 February 2007
JUDGMENT DATE : 2 March 2007
JUDGMENT OF : Simpson J
DECISION : 1. application for leave to appeal granted; 2. appeal allowed; 3. orders made by the Appeal Panel of the Administrative Decisions Tribunal on 16 April 2006 set aside; 4. orders made by Administrative Decisions Tribunal of 20 January 2006 restored.
CATCHWORDS : ADMINISTRATIVE LAW - application for leave to appeal against order of Administrative Decisions Tribunal - access to document - Freedom of Information Act 1989 - objects of FOI Act - entitlement to access to documents - limitations on right to access - exempt documents - exemption from operation of FOI Act with respect to certain functions - document sought relates to corruption prevention, complaint handling, investigative and report functions - Operations Review Committee - ICAC exempt in relation to document sought
Administrative Decisions Tribunal Act 1997, s38, s112(3)(a), s119, s119(1A), LEGISLATION CITED : Freedom of Information Act 1989, Schedule 2, s5, s6, s9, s16, s17, s24, s25, s34, s38, s53 Independent Commission Against Corruption Act 1988, Part 6, s59(1)
CASES CITED : McGuirk v ICAC [2005] NSW ADT 19 McGuirk v ICAC (GD) [2006] NSWADTAP 17
PARTIES : Independent Commission Against Corruption - Plaintiff Gerard Michael McGuirk - Defendant
FILE NUMBER(S) : SC 2006/30070
COUNSEL : MJ Leeming - Plaintiff
SOLICITORS : IV Knight - Plaintiff Defendant in person
LOWER COURT JURISDICTION : Administrative Decisions Tribunal
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