Coote v NSW Police Force [2008] NSWADT 220

Coote v NSW Police Force [2008] NSWADT 220

The Tribunal does not have jurisdiction to review the adequacy of the search undertaken by the agency because a notification that an agency does not hold a document is not a determination for the purposes of s24 of the Freedom of Information Act 1989 (NSW) and is not reviewable under s53. The applicant's contention...

Source-derived case information.

Parties
Applicant: Peter Coote; Respondent: NSW Police Force
Jurisdiction
Australia
Judgment Date
11 August 2008
Procedural Posture
Administrative Review / Preliminary
Outcome
application for review dismissed
Legal Topics
Jurisdiction of Tribunal, Review of Agency Determinations, Adequacy of Search for Documents
Administrative Law Freedom of Information Jurisdiction of Tribunal Review of Agency Determinations Adequacy of Search for Documents

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Parties

Peter Coote

Applicant

NSW Police Force

Respondent

Procedural Posture

Administrative Review / Preliminary

Legal Issues

  1. 1 Whether the Administrative Decisions Tribunal has jurisdiction to review adequacy of search undertaken by an agency under the Freedom of Information Act 1989 (NSW) for the existence of further documents beyond those identified and released
  2. 2 Whether a statement by the agency that further documents are not held is a reviewable determination

Ratio Decidendi

The Tribunal does not have jurisdiction to review the adequacy of the search undertaken by the agency because a notification that an agency does not hold a document is not a determination for the purposes of s24 of the Freedom of Information Act 1989 (NSW) and is not reviewable under s53. The applicant's contention that further documents must exist is not sufficient to grant jurisdiction for external review.

Court Disposition

application for review dismissed

Orders

  • Application for review dismissed.