Colefax v Department of Education and Communities [2013] NSWADT 75

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Colefax v Department of Education and Communities [2013] NSWADT 75 Hearing dates: On the papers Decision date: 11 April 2013 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: (1) Affirm the decision of the agency with respect to the client legal privilege claim; and, (2) Otherwise set aside the decision and remit to the agency for reconsideration on the basis that it has not conducted reasonable search in the circumstances. Catchwords: Government information public access - reasonable and necessary search for information - adequacy of - client legal privilege Legislation Cited: Administrative Decisions Tribunal Act 1997 Evidence Act 2003 Freedom of Information Act 1989 Government Information (Public Access) Act 1999 Health and Other Services (Compensation) Act 1995 (C'th) Cases Cited: AWB v Cole [2006] FCA Director General, Attorney General's Department v Cianfrano (GD) [2006] NSWADTAP 26 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 FCT v Pratt Holdings [2003] FCA 6 Fitzpatrick v NSW Office of Liquor and Gaming [2010] NSWADT 72 McGuirk v University of New South Wales [2011] NSWADT 169 Pratt Holdings Pty Ltd v Commissioner of Taxation (2004) 136 FCR 357 Tziolas v NSW Department of Education and Communities [2012] Category: Principal judgment Parties: Margaritte Colefax (Applicant) Department of Education and Communities (Respondent) Representation: W Blunt, (Applicant,agent) M Moore, (Respondent) File Number(s): 123069