Challita v NSW Department of Education & Training [2011] NSWADT 16

Challita v NSW Department of Education & Training [2011] NSWADT 16

Disclosure of school names in Marks Reports would not be unreasonable given removal of alphabetical rankings, applicants’ statements, and intent not to publish; copy to include school names may be released.

Parties
First Applicant: Jolanda Challita; Second Applicant: Peter Challita; Respondent: NSW Department of Education & Training
Jurisdiction
Australia
Judgment Date
24 January 2011
Procedural Posture
Tribunal Review of Agency FOI Determination / Final Decision
Outcome
Decision to exclude school names set aside; school names to be included in Marks Reports released to Applicants; decision otherwise affirmed.
Legal Topics
Exempt Documents, Documents Affecting Personal Affairs, School Assessment Data
Administrative Law Freedom of Information Exempt Documents Documents Affecting Personal Affairs School Assessment Data

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Parties

Jolanda Challita

First Applicant

Peter Challita

Second Applicant

NSW Department of Education & Training

Respondent

Procedural Posture

Tribunal Review of Agency FOI Determination / Final Decision

Legal Issues

  1. 1 Whether disclosure of school names in Marks Reports involves unreasonable disclosure of personal information under clause 6(1) of Schedule 1 to the Freedom of Information Act 1989

Ratio Decidendi

Disclosure of school names in Marks Reports would not be unreasonable given removal of alphabetical rankings, applicants’ statements, and intent not to publish; copy to include school names may be released.

Court Disposition

Decision to exclude school names set aside; school names to be included in Marks Reports released to Applicants; decision otherwise affirmed.

Orders

  • The decision to exclude the school names from the Marks Reports released to the Applicants is set aside.
  • The decision is made that the school names are to be included in the Marks Reports released to the Applicants.