Potier v Department of Corrective Services (No 3) [2012] NSWADT 243

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Potier v Department of Corrective Services (No 3) [2012] NSWADT 243 Hearing dates: On the papers Decision date: 26 November 2012 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: The decision under review is affirmed insofar as it relates to items 7 and 8 of Mr Potier's FOI request. Catchwords: Access to documents - sufficiency of search - whether document held - operations of agencies Legislation Cited: Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989 Cases Cited: GU v Commissioner, Department of Corrective Services [2003] NSWADT 176 Mahenthirarasa v SRA (No 2) (2008) 72 NSWLR 273; [2008] NSWCA 201 Potier v Department of Corrective Services [2011] NSWADT 294 Potier v Department of Corrective Services [2011] NSWADT 53 Category: Principal judgment Parties: Malcolm Potier (Applicant) Department of Corrective Services (Respondent) Representation: M Potier (Applicant in person) G Singer (Respondent) File Number(s): 103076

REasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): Mr Potier applied to the Department of Corrective Services ("the Respondent" or "CSNSW") under the Freedom of Information Act 1989 ("the FOI Act") for access to documents held by the Respondent ("Mr Potier's FOI request"). 2The details of Mr Potier's FOI request can be found in earlier decisions relating to the matter. See Potier v Department of Corrective Services [2011] NSWADT 53; Potier v Department of Corrective Services [2011] NSWADT 294. In the most recent decision I remitted the application for redetermination by the Respondent insofar as it relates to two items (items 7 and 8) of Mr Potier's FOI request. 3In Item 7 Mr Potier sought access to the LSI-R report that was referred to on page 220 of the Serious Offenders Review Council ("SORC") Minutes of 21 April 2009 ("the LSI-R report"). 4In Item 8 Mr Potier sought access to: "Details by reference to statistical analysis of all instances of injuries received by inmates at any NSW Correctional centres for the last 5 years allocated to that Correctional Centre as a result of an interaction between inmates and servants of the Commissioner for the NSW Department of Corrective Services." 5I directed that the Respondent complete its redetermination by 27 January 2012.