Potier v Department of Corrective Services [2011] NSWADT 294

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Potier v Department of Corrective Services [2011] NSWADT 294 Hearing dates: On the papers Decision date: 13 December 2011 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: 1. The determination is affirmed insofar as it relates to the documents identified as item 2 of Mr Potier's FOI request and documents 5 and 6 in response to item 6 of Mr Potier's FOI request. 2. The determination is set aside insofar as it relates to document 3 in response to item 6 of Mr Potier's FOI request to the extent referred to in these reasons. 3. The application is remitted for redetermination by the Respondent insofar as it relates to items 7 and 8 of Mr Potier's FOI request. The redetermination is to be completed and a copy of the determination given to Mr Potier by Friday 27 January 2012. 4. The matter is to be listed for further directions at 1.30pm on Tuesday 14 February 2012 Catchwords: Access to documents - personal affairs - legal professional privilege - operations of agencies Legislation Cited: Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989 Cases Cited: Colakovski v Australian Telecommunications Corporation [1991] FCA 152; (1991) 29 FCR 429 GU v Commissioner, Department of Corrective Services [2003] NSWADT 176 Howell v Macquarie University [2008] NSWCA 26 McGuirk v NSW Police [2007] NSWADT 120 NSW Police v District Court (NSW) (1993) 31 NSWLR 606 Potier v Department of Corrective Services (GD) [2011] NSWADTAP 28 Potier v Department of Corrective Services [2008] NSWADT 278 Potier v Department of Corrective Services [2011] NSWADT 53 Priest v NSW [2006] NSWSC 1281 Re Chandra and Minister for Immigration and Ethnic Affairs [1984] AATA 437; (1984) 6 ALN N257 Re Curtin and Pine Rivers Shire Council [1997] QICmr 18; (1998) 4 QAR 195 Saleam v Director General, Department of Community Services [2002] NSW ADT 41 Category: Principal judgment Parties: Malcolm Potier (Applicant) Department of Corrective Services (Respondent) Representation: M Potier (Applicant in person) Department of Corrective Services (Respondent) File Number(s): 103076