Colefax v Department of Education and Communities (No1) [2013] NSWADT 42

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Colefax v Department of Education and Communities (No1) [2013] NSWADT 42 Hearing dates: On the papers Decision date: 19 February 2013 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: 1 The Tribunal finds that Ms Colefax's applications numbered GIPA -12-030 and GIPA -12-031 by the Agency are related for the purposes of s 60(3) of the Government Information (Public Access) Act 1999. 2. This matter be listed for hearing on Wednesday 27 March 2013 at 10:00AM. 3. The hearing shall, subject to any order made to the contrary, be restricted to hearing evidence concerning the respondent's contention that the time involved in dealing with the application would require an unreasonable and substantial diversion of the agency's resources. 4. Any evidence the Agency wishes to rely on concerning the time involved in dealing with the application shall be filed and served by 15 March 2013. Catchwords: Government Information Public Access - unreasonable and substantial diversion of the agency's resources - aggregation of related access applications for the purpose of determining - meaning of "related" - past applications Legislation Cited: Freedom of Information Act 1982 (Vic) Freedom of Information Act 1989 Government Information (Public Access) Act 1999 Cases Cited: Challita v NSW Department of Education and Training (GD) [2009] NSWADTAP 70 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Re Shewcroft and Australian Broadcasting Corporation [1985] 2 AAR 496 Secretary, Department of Treasury and Finance v Kelly [2001] VSCA 246 Category: Interlocutory applications Parties: Margaritte Colefax (Applicant) Department of Education and Communities (Respondent) Representation: Applicant - W Blunt (agent) Respondent - M Moore File Number(s): 123070