Potier v Department of Corrective Services [2011] NSWADT 53

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Potier v Department of Corrective Services [2011] NSWADT 53 Hearing dates: On the papers Decision date: 15 March 2011 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: 1. The matter is remitted for redetermination by the Respondent with respect to Mr Potier's request for access to the Junee contract with the recommendation that Mr Potier be given access to the document. The redetermination is to be made within 28 days of this decision. 2. The determination is otherwise affirmed in relation to the remaining preliminary issues. 3. The matter is listed for further planning meeting at 9.30 am on Tuesday 3 May 2011. Catchwords: Freedom of Information Act - sufficiency of search - publicly available documents Legislation Cited: Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989 Cases Cited: Administrative Decisions Tribunal Appeal Panel v Director- General, Department of Commerce & Ors [2008] NSWCA 140 Coote v Commissioner of Police, New South Wales Police Force (GD) [2008] NSWADTAP 86 In McGuirk v Attorney General of NSW [2008] NSWADTAP 81 McGuirk v Commissioner of Police. NSW Police [2008] NSWADT 328 Potier v Department of Corrective Services [2008] NSWADT 278 Wagh v Commissioner of Police, New South Wales Police Force [2008] NSWADT Category: Interlocutory applications Parties: Malcolm Potier (Applicant) Department of Corrective Services (Respondent) Representation: M Potier (Applicant - in person) Department of Corrective Services (Respondent) File Number(s): 103076