Morgan v Director- General, Department of Education and Training & Minister for Education and Training [1999] NSWADT 91

Morgan v Director- General, Department of Education and Training & Minister for Education and Training [1999] NSWADT 91

The applicant did not establish that the disputed passages in the Minister's documents or the handwritten incident report were inaccurate or misleading. The evidence supported that the principal made inquiries about the February incident and verbally reported his conclusions, that describing the applicant's conduct as distributing material within the school grounds was adequate for a ministerial briefing note, and that the incident report reflected a genuine account of events as reported to the principal. The statements in the attachment to the incident report were not shown to warrant amendment, but because they might be construed as more than perceptions of the author and therefore...

Jurisdiction
Australia
Judgment Date
28 September 1999
Procedural Posture
Applications Under the Freedom of Information Act 1989 for Review of Refusals or Deemed Refusals to Amend Documents / Principal Matter Before the Administrative Decisions Tribunal; Noted as Set Aside by Appeal on 17/3/2000 and Remitted Back to Tribunal
Outcome
Application No 983034 was affirmed subject to a direction requiring a notation on the attachment to the incident report. Application No 993018 was affirmed. The decision is noted as set aside by appeal on 17/3/2000 and remitted back to Tribunal.
Legal Topics
['amendment of Records' 'personal Affairs Information' 'deemed Refusal' 'internal Review' 'burden of Proof' 'notation on Official Records']
['administrative Law' 'freedom of Information'] ['amendment of Records' 'personal Affairs Information' 'deemed Refusal' 'internal Review' 'burden of Proof' 'notation on Official Records']

Case Brief

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Procedural Posture

Applications Under the Freedom of Information Act 1989 for Review of Refusals or Deemed Refusals to Amend Documents / Principal Matter Before the Administrative Decisions Tribunal; Noted as Set Aside by Appeal on 17/3/2000 and Remitted Back to Tribunal

Legal Issues

  1. 1 ['Whether parts of four documents released under the Freedom of Information Act 1989 were incomplete, incorrect, out of date or misleading so as to require amendment or notation.' "Whether the matters could proceed despite the absence of internal review in relation to the Department's records." "Whether documents concerning the applicant's dealings with the school should be treated as containing information concerning her personal affairs." 'What burden or evidentiary onus applies in a review of a refusal to amend records.' "Whether comments by the principal about the applicant's conduct should be amended or qualified by notation."]

Ratio Decidendi

The applicant did not establish that the disputed passages in the Minister's documents or the handwritten incident report were inaccurate or misleading. The evidence supported that the principal made inquiries about the February incident and verbally reported his conclusions, that describing the applicant's conduct as distributing material within the school grounds was adequate for a ministerial briefing note, and that the incident report reflected a genuine account of events as reported to the principal. The statements in the attachment to the incident report were not shown to warrant amendment, but because they might be construed as more than perceptions of the author and therefore...

Court Disposition

Application No 983034 was affirmed subject to a direction requiring a notation on the attachment to the incident report. Application No 993018 was affirmed. The decision is noted as set aside by appeal on 17/3/2000 and remitted back to Tribunal.

Orders

  • ['Application No 983034 - relating to the Department: As to the parts of the two documents in dispute that were referred to hearing, the decisions under review are affirmed subject to the following direction.' 'That in the case of the attachment to the incident report (referred to as document 4 in the Reasons for...