Steadfast Group Pty Ltd v WorkCover NSW [2010] NSWADT 23

Steadfast Group Pty Ltd v WorkCover NSW [2010] NSWADT 23

The FOI request by Steadfast must be construed broadly and includes information about comparative performance data, not limited to the five enumerated categories; WorkCover's schedule of documents is inadequate and unresponsive to the request; WorkCover must file and serve a new schedule as specified.

Parties
Applicant: Steadfast Group Pty Ltd; Respondent: WorkCover NSW
Jurisdiction
Australia
Judgment Date
27 January 2010
Procedural Posture
External Review of FOI Decision / Pre Hearing Decision on Papers
Outcome
WorkCover directed to file and serve a new schedule of documents responsive to the scope of Steadfast’s request before the next planning meeting.
Legal Topics
Freedom of Information, Access to Government Documents
Administrative Law Freedom of Information Access to Government Documents

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Parties

Steadfast Group Pty Ltd

Applicant

WorkCover NSW

Respondent

Procedural Posture

External Review of FOI Decision / Pre Hearing Decision on Papers

Legal Issues

  1. 1 What is the proper scope of an FOI request under the Freedom of Information Act 1989?
  2. 2 Has WorkCover provided an adequate schedule of documents in response to the FOI request?

Ratio Decidendi

The FOI request by Steadfast must be construed broadly and includes information about comparative performance data, not limited to the five enumerated categories; WorkCover's schedule of documents is inadequate and unresponsive to the request; WorkCover must file and serve a new schedule as specified.

Court Disposition

WorkCover directed to file and serve a new schedule of documents responsive to the scope of Steadfast’s request before the next planning meeting.

Orders

  • Before the planning meeting on 5 February 2010 WorkCover shall file and serve a new schedule of documents falling within the scope of the request as identified in these reasons. With respect to each document the schedule shall indicate its date, author, the exemption claimed, and whether exemption is claimed in...