McGuirk v NSW Ombudsman (No 2) [2006] NSWADT 212

McGuirk v NSW Ombudsman (No 2) [2006] NSWADT 212

The matters should be remitted to the Ombudsman for reconsideration in accordance with the findings of the Tribunal's Appeal Panel in McGuirk v Independent Commissioner Against Corruption [2006] NSWADTAP 17, as both parties agree and in light of the similar legal issues presented.

Jurisdiction
Australia
Judgment Date
20 July 2006
Procedural Posture
Review of Administrative Decision / Remittal for Reconsideration
Outcome
Remitted for reconsideration
Legal Topics
['access to Documents' 'statutory Exemption' 'tribunal Procedures']
['administrative Law' 'freedom of Information'] ['access to Documents' 'statutory Exemption' 'tribunal Procedures']

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Procedural Posture

Review of Administrative Decision / Remittal for Reconsideration

Legal Issues

  1. 1 ['Whether documents requested by the applicant are exempt under section 9 and Schedule 2 of the Freedom of Information Act 1989' 'Whether the Ombudsman should reconsider the application in light of the findings in McGuirk v Independent Commissioner Against Corruption [2006] NSWADTAP 17']

Ratio Decidendi

The matters should be remitted to the Ombudsman for reconsideration in accordance with the findings of the Tribunal's Appeal Panel in McGuirk v Independent Commissioner Against Corruption [2006] NSWADTAP 17, as both parties agree and in light of the similar legal issues presented.

Court Disposition

Remitted for reconsideration

Orders

  • ["The matters are remitted to the Ombudsman pursuant to section 65 of the Administrative Decisions Tribunal Act 1997 for reconsideration in a manner consistent with the findings of the Tribunal's Appeal Panel in McGuirk v Independent Commissioner Against Corruption [2006] NSWADTAP 17." 'The matters are listed for...