Potier v Department of Corrective Services (No 3) [2012] NSWADT 243

Potier v Department of Corrective Services (No 3) [2012] NSWADT 243

The LSI-R report is an exempt document under clause 16(a)(i) of Schedule 1 to the FOI Act as its disclosure could reasonably be expected to prejudice the effectiveness of the testing procedure and is contrary to public interest; statistical analysis documents requested in item 8 are not held by the respondent; therefore, the decision under review is affirmed.

Jurisdiction
Australia
Judgment Date
26 November 2012
Procedural Posture
Review of Administrative Decision / Affirmation of Agency Decision After Redetermination
Outcome
Decision under review affirmed
Legal Topics
['access to Documents' 'sufficiency of Search' 'statistical Analysis Disclosure' 'psychometric Assessment Disclosure' 'obligations of Model Litigant']
['administrative Law' 'freedom of Information'] ['access to Documents' 'sufficiency of Search' 'statistical Analysis Disclosure' 'psychometric Assessment Disclosure' 'obligations of Model Litigant']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Review of Administrative Decision / Affirmation of Agency Decision After Redetermination

Legal Issues

  1. 1 ['Whether the LSI-R report referred to in the SORC Minutes should be disclosed under FOI Act' "Whether statistical analysis of injuries related to 'use of force' incidents exists and should be disclosed" 'Sufficiency of search for requested documents' 'Whether public interest or exemptions preclude disclosure']

Ratio Decidendi

The LSI-R report is an exempt document under clause 16(a)(i) of Schedule 1 to the FOI Act as its disclosure could reasonably be expected to prejudice the effectiveness of the testing procedure and is contrary to public interest; statistical analysis documents requested in item 8 are not held by the respondent; therefore, the decision under review is affirmed.

Court Disposition

Decision under review affirmed

Orders

  • ["The decision under review is affirmed insofar as it relates to items 7 and 8 of Mr Potier's FOI request."]