Jenkinson v Department of Education and Communities [2013] NSWADT 280

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Jenkinson v Department of Education and Communities [2013] NSWADT 280 Hearing dates: On the papers Decision date: 04 December 2013 Jurisdiction: General Division Before: Judicial Member Naida Isenberg Decision: The decision under review in respect of the access application is set aside. Catchwords: Government information - staff representative - selection process - complaint Legislation Cited: Government Information (Public Access) Act 2009 Cases Cited: Commissioner of Police v Camilleri [2012] NSWADTAP 19 Leech v Sydney Water Corporation [2010] NSWADT 198 Flack v Commissioner of Police, NSW Police Force [2011] NSWADT 286 Roy v Commissioner of Police, NSW Police Force [2012] NSWADT 120 Black v Hunter New England Local Health District [2011] NSWADT 295 Hurst v Wagga Wagga City Council [2011] NSWADT 307 Department of Education and Training v GJ (GD) [2009] NSWADTAP 33 Macquarie University v Howell (No. 2) (GD) [2009] NSWADTAP 19 Category: Principal judgment Parties: Chris Jenkinson (Applicant) Department of Education and Communities (Respondent) Representation: C Jenkinson (Applicant in person) E Stathis (Respondent) File Number(s): 133105

reasons for decision 1Chris Jenkinson, the Applicant applied to the Respondent for access under the Government Information (Public Access) Act 2009 ('GIPA Act') to: Documents in relation to a letter (DOC121439995) sent to the Applicant by Dr Sylvia Corish School Education Director, Sydney Region (14 December 2012). 1(a) The log of calls made to Dr Sylvia Corish's office phone on Friday 30th November 2012 (specifically 4:30pm - 5:30pm); 1(b) The log of calls made to the DEC issued mobile phone held by Dr Corish on Friday 30th November 2012 (4:30pm - 5:30pm); 1(c) Contemporaneous notes taken by Dr Corish of the phone discussion with Ms Michelle Rosicky NSW Teachers Federation, relating to the matter raised in DOC121439995; 2 The written correspondence from Mrs Heather Emerson, Principal, Randwick Girls High School referred to in DOCl2/439995; 3 The written correspondence from Mrs Dianne Posener, Deputy Principal Randwick Girls High School referred to in DOC121439995; 4 Contemporaneous notes of the advice from Staffing Services referred to in DOC121439995 and the name of the Staffing Services officer who provided the advice; and 5 The voting sheets retained by Mrs Emerson, Principal Randwick Girls High School, referred to in DOC121439995. 2The application was refused by the Respondent and also on internal review. The applicant now seeks review by the Tribunal.