Fisher v Goulburn Mulwaree Council [2019] NSWCATAD 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fisher v Goulburn Mulwaree Council [2019] NSWCATAD 34 Hearing dates: 7 August 2018; 5 September 2018 Date of orders: 28 February 2019 Decision date: 28 February 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: (1) The Tribunal sets aside the administratively reviewable decision and remits the matter for reconsideration by the Respondent in accordance with the reasons for this decision and the recommendations at 56 and 57 above, within 28 days. (2) Matter is listed for directions on 8 April 2019 at 12pm. Catchwords: ADMINISTRATIVE LAW - GIPA Act – Government Information – access – record keeping – relevance - sufficiency of searches. Legislation Cited: Administrative Decisions Review Act 1997 Archives Act 1960 Civil and Administrative Tribunal Act 2013 Freedom of Information Act 1989 Government Information (Public Access) Act 2009 Local Government Act 1993 Roads Act 1993 State Records Act 1998 The General Records Disposal Schedule for Local Government in NSW 1988 Cases Cited: Beesly v Commissioner of Police, New South Wales Police Service [2002] NSWADT 52 Camilleri v Commissioner of Police [2012] NSWADT 5 Cianfrano v Department of Commerce (No 2) [2006] NSWADT 195 Curtin v Vice-Chancellor, University of New South Wales (No 2) [2006] NSWADT 56 Hula v Commissioner of Police (NSW) [2013] NSWADT 153 Miriani v Commissioner of New South Wales Police [2005] NSWADT 187 Public Service Assn v Premier's Department [2002] NSWADT 277 Stanley v Roads and Maritime Services (NSW) [2014] NSWCATAD 123 Texts Cited: C Hurley, "From dustbins to disk-drives: a survey of archives legislation in Australia". In S McKemmish & M Piggott, (Eds) "The Records Continuum: Ian Maclean and Australian Archives First Fifty Years" (1994), Australia: Ancora Press S Mowbray and S McCausland, "Archives and Local Government-the ASA NSW Branch Local Government Archives project" (1992) presented at the ASA (Australian Society of Archivists) National Conference at Wagga Wagga. Category: Principal judgment Parties: John Fisher (Applicant) Goulburn Mulwaree Council (Respondent) Representation: Counsel: M Hall (Respondent)