McGuirk v NSW Ombudsman (No 3) [2007] NSWADT 269

McGuirk v NSW Ombudsman (No 3) [2007] NSWADT 269

The Tribunal found that each of the conflict of interest notifications within paragraph 2 of the 053250 request and each document identified within Part 2 of the 063028 request related to the Ombudsman's complaint handling, investigative or reporting functions. Because those documents were within section 9 and Schedule 2 of the Freedom of Information Act 1989, the Ombudsman was exempt from the operation of the Act in relation to them and did not need to make a section 24 determination. Documents dated after receipt of the requests were outside scope, and the Ombudsman held no other responsive documents. The Tribunal therefore had no jurisdiction to hear and determine the applications.

Jurisdiction
Australia
Judgment Date
21 November 2007
Procedural Posture
Applications for Review Concerning Requests Under the Freedom of Information Act 1989 for Access to Documents Held by the NSW Ombudsman / Preliminary Matter on the Papers
Outcome
The Tribunal held that it had no jurisdiction to hear and determine either application; the matters were listed for further directions.
Legal Topics
['access to Documents' 'exempt Bodies and Offices' 'complaint Handling, Investigative and Reporting Functions of the Ombudsman' 'tribunal Jurisdiction']
['administrative Law' 'freedom of Information'] ['access to Documents' 'exempt Bodies and Offices' 'complaint Handling, Investigative and Reporting Functions of the Ombudsman' 'tribunal Jurisdiction']

Case Brief

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Procedural Posture

Applications for Review Concerning Requests Under the Freedom of Information Act 1989 for Access to Documents Held by the NSW Ombudsman / Preliminary Matter on the Papers

Legal Issues

  1. 1 ['Whether the requested documents were documents relating to the complaint handling, investigative or reporting functions of the office of Ombudsman within section 9 and Schedule 2 of the Freedom of Information Act 1989.' 'Whether, if the documents were correctly categorised under section 9 and Schedule 2, the Tribunal had jurisdiction to hear and determine the applications.' 'Whether documents dated after receipt of the FOI requests were within the scope of the requests.' 'Whether the Ombudsman held any other documents falling within the scope of the requests.']

Ratio Decidendi

The Tribunal found that each of the conflict of interest notifications within paragraph 2 of the 053250 request and each document identified within Part 2 of the 063028 request related to the Ombudsman's complaint handling, investigative or reporting functions. Because those documents were within section 9 and Schedule 2 of the Freedom of Information Act 1989, the Ombudsman was exempt from the operation of the Act in relation to them and did not need to make a section 24 determination. Documents dated after receipt of the requests were outside scope, and the Ombudsman held no other responsive documents. The Tribunal therefore had no jurisdiction to hear and determine the applications.

Court Disposition

The Tribunal held that it had no jurisdiction to hear and determine either application; the matters were listed for further directions.

Orders

  • ['The matters are listed for further directions on Friday 23 November 2007 at 11am.']