McClymont v Department of Family and Community Services [2017] NSWCATAD 202

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McClymont v Department of Family and Community Services [2017] NSWCATAD 202 Hearing dates: 19 December 2016 Date of orders: 22 June 2017 Decision date: 22 June 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: 1. The name of the respondent is changed from "NSW Land and Housing Corporation" to "Department of Family and Community Services".

2. The administratively reviewable decisions made by the respondent on 6 April 2016 and 17 November 2016 are affirmed. Catchwords: ADMINISTRATIVE LAW - Government information – Whether Tribunal has power to review implicit decision of agency that it does not hold information – Whether failure to find information applicant contends is held is a "decision" – Whether Tribunal may review sufficiency of search – No jurisdiction to review alleged failure to comply with obligation to conduct reasonable searches – Finding that agency does not hold additional information. ADMINISTRATIVE LAW - Government Information –Whether applicant has maintained his application for review of decisions to refuse access to information – Finding that he has not. Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Freedom of Information Act 1989 (NSW) Government Information (Public Access) Regulation 2009 (NSW) Cases Cited: Administrative Decisions Tribunal Appeal Panel v Director-General, Department of Commerce [2008] NSWCA 140 BNQ v South Eastern Sydney Local Health District [2015] NSWCATAD 156 Camilleri v Commissioner of Police, New South Wales Police Force [2012] NSWADT 5 Morgan v Department of Family & Community Services [2016] NSWCATAD 125 Shepherd and Department of Housing, Local Government and Planning [1994] QICmr 7; (1994) 1 QAR 464 Category: Principal judgment Parties: Graham McClymont (Applicant) Department of Family and Community Services (Respondent) Representation: Solicitors: In Person (Applicant) Department of Family and Community Services, Legal Branch (Respondent) File Number(s): 1610286