Potier v Department of Corrective Services [2011] NSWADT 53

Potier v Department of Corrective Services [2011] NSWADT 53

The Tribunal has no jurisdiction to review the Respondent's determination regarding the sufficiency of searches; however, discretion exists regarding access to publicly available documents, and in the special circumstances of the Junee contract, access should be re-determined with a recommendation in favour of the applicant.

Parties
Applicant: Malcolm Potier; Respondent: Department of Corrective Services
Jurisdiction
Australia
Judgment Date
15 March 2011
Procedural Posture
Freedom of Information External Review / Decision Following Written Submissions
Outcome
Matter partly remitted and partly affirmed
Legal Topics
Freedom of Information, Sufficiency of Search, Publicly Available Documents
Administrative Law Freedom of Information Sufficiency of Search Publicly Available Documents

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Parties

Malcolm Potier

Applicant

Department of Corrective Services

Respondent

Procedural Posture

Freedom of Information External Review / Decision Following Written Submissions

Legal Issues

  1. 1 Whether the Tribunal can review the adequacy of searches conducted by the Respondent under the FOI Act
  2. 2 Whether the Junee contract is a publicly available document and whether that affects access under FOI
  3. 3 Whether certain requested documents are the property of the Respondent and disclosable under FOI

Ratio Decidendi

The Tribunal has no jurisdiction to review the Respondent's determination regarding the sufficiency of searches; however, discretion exists regarding access to publicly available documents, and in the special circumstances of the Junee contract, access should be re-determined with a recommendation in favour of the applicant.

Court Disposition

Matter partly remitted and partly affirmed

Orders

  • The matter is remitted for redetermination by the Respondent with respect to Mr Potier's request for access to the Junee contract with recommendation that access be granted, to be made within 28 days.
  • The determination is affirmed as to the remaining preliminary issues.