MJ v Department of Education & Commerce [2013] NSWADT 213

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: MJ v Department of Education & Commerce [2013] NSWADT 213 Hearing dates: On the papers Decision date: 30 September 2013 Jurisdiction: General Division Before: S Higgins, Deputy President Decision: 1. The decision of the respondent in regard to the category 1 requested information is set aside and in substitution thereof a decision to grant the applicant access to the information held by the respondent. It is noted that the information was previously disclosed to the applicant in response to an earlier access application. 2. The decision of the respondent to refuse the applicant access to the deleted mobile telephone numbers of the principal Investigator of EPAC is set aside and in substitution thereof a decision to grant the applicant access to that information. 3. The decision of the respondent, as revised in its written submissions, is otherwise affirmed. Catchwords: Government information - public access - access sought to information relating to an investigation of a public interest/protected disclosure and action taken in regard thereto - refusal to deal with access application in part to the extent the information had previously been sought and determined by the agency Government information - public interest considerations against disclosure - personal information, disclosure of information provided to the agency in confidence - prejudice the effective exercise of the agency's functions Legislation Cited: Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989 (repealed) Government Information (Public Access) Act 1997 Public Interest Disclosure Act 1994 Cases Cited: AEF v Northern Sydney Local Health District (No 2) 2012] NSWADT 89 Attorney-General's Department v Cockcroft (1986) 10 FCR180 Camilleri v Commissioner of police (NSW) [2012] NSWADT 5 Commissioner of Police (NSW) v Camilleri [2012] NSWADTAP 19 Commissioner of Police v District Court (NSW) (1993) 31 NSWLR 606 Hemeon v Commissioner of Police, New South Wales Police Service [2002] NSWADT 201 McCabe v Workers Compensation Commission [2012] NSWADT 30 McKinnon v Secretary, Department of Treasury [2006] HCA 45 McKinnon v Blacktown City Council [2012] NSWADT 44 Shepherd and the Department of Housing, Local Government and Planning (1994) 1QAR 464 Category: Principal judgment Parties: MJ (Applicant) Department of Education & Commerce (Respondent) Representation: MJ (Applicant in person) K Song, Senior Information Access Officer (Respondent) File Number(s): 123363 Publication restriction: Name of the applicant is not to be published