Cianfrano v NSW Ombudsman [2007] NSWADT 273

Cianfrano v NSW Ombudsman [2007] NSWADT 273

The Ombudsman's interpretation of the FOI request as extending to documents that came into existence as part of its investigation into the State Rail Authority was correct. Having examined the documents confidentially, the Tribunal was satisfied that all related to the Ombudsman's complaint handling, investigative or reporting functions. Because s 9 and Schedule 2 of the Freedom of Information Act 1989 exempted the Ombudsman from the operation of the Act in relation to those functions, the Ombudsman did not need to make a s 24 determination in respect of the documents and the Tribunal had no jurisdiction to hear and determine the application.

Jurisdiction
Australia
Judgment Date
23 November 2007
Procedural Posture
Freedom of Information Act Access to Documents Application / Preliminary Matter on the Papers
Outcome
Application dismissed for want of jurisdiction.
Legal Topics
['access to Documents' 'exempt Bodies and Offices' 'ombudsman Complaint Handling, Investigative and Reporting Functions' 'tribunal Jurisdiction']
['administrative Law' 'freedom of Information'] ['access to Documents' 'exempt Bodies and Offices' 'ombudsman Complaint Handling, Investigative and Reporting Functions' 'tribunal Jurisdiction']

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Procedural Posture

Freedom of Information Act Access to Documents Application / Preliminary Matter on the Papers

Legal Issues

  1. 1 ["Whether the documents requested from the NSW Ombudsman were documents relating to the Ombudsman's complaint handling, investigative or reporting functions within s 9 and Schedule 2 of the Freedom of Information Act 1989." "Whether the Administrative Decisions Tribunal had jurisdiction to review the Ombudsman's refusal of access if the documents related to exempt functions." "Whether the applicant's request was confined to documents creating and formalising a referral under s 39 of the Administrative Decisions Tribunal Act 1997."]

Ratio Decidendi

The Ombudsman's interpretation of the FOI request as extending to documents that came into existence as part of its investigation into the State Rail Authority was correct. Having examined the documents confidentially, the Tribunal was satisfied that all related to the Ombudsman's complaint handling, investigative or reporting functions. Because s 9 and Schedule 2 of the Freedom of Information Act 1989 exempted the Ombudsman from the operation of the Act in relation to those functions, the Ombudsman did not need to make a s 24 determination in respect of the documents and the Tribunal had no jurisdiction to hear and determine the application.

Court Disposition

Application dismissed for want of jurisdiction.

Orders

  • ['The application is dismissed for want of jurisdiction.']