Cianfrano v NSW Ombudsman - [2007] NSWADT 235

CITATION: Cianfrano v NSW Ombudsman [2007] NSWADT 235

DIVISION: General Division

PARTIES: APPLICANT
Robert Cianfrano
RESPONDENT
NSW Ombudsman

FILE NUMBER: 073001

HEARING DATES: 30 May 2007

SUBMISSIONS CLOSED: 8 June 2007

DATE OF DECISION:
5 October 2007

BEFORE: Montgomery S - Judicial Member

CATCHWORDS: access to documents - business affairs - access to documents - internal working documents - access to documents - personal affairs - Freedom of Information Act - access to documents - business affairs - Freedom of Information Act - access to documents - internal working documents - Freedom of Information Act - access to documents - personal affairs

MATTER FOR DECISION: Principal matter

LEGISLATION CITED: Freedom of Information Act 1989

CASES CITED: Cianfrano v Director General, Premier's Department [2007] NSWADT 216
General Manager, WorkCover Authority of NSW v Law Society of NSW [2006] NSWCA 84
Law Society of NSW v General Manager, WorkCover Authority of NSW (No 2) [2005] NSWADTAP 33
McKinnon v Secretary, Department of Treasury [2006] HCA 45
New South Wales v Gerard Michael McGuirk [2006] NSWSC 1362
Watt v Forests NSW [2007] NSWADT 197

REPRESENTATION:
APPLICANT
In person
RESPONDENT
M Adofaci, Solicitor

ORDERS: THe determination under review is affirmed

Background

1 The Applicant applied to the NSW Ombudsman's Office (“the Ombudsman”) for access to documents under the Freedom of Information Act 1989 (“the FOI Act”). He sought:

The internal working administrative documents shall include all documents and or material to and from any Minister of the Crown and or Director General etc, and other agency and or department etc including any other personnel.

The internal working administrative documents and or material shall include all documents and or reports to any Minister of the Crown and or Director General etc, other agency and or department, etc including any other personnel etc.

The internal working administrative documents specifically shall include all to and from the Deputy Ombudsman Mr Chris Wheeler in relation to his speech commissioned and given on the 20 September 2006.

Background

The documents sought are the working administrative documents in possession of the Ombudsman’s Office as to the issue of Dealing with difficult complainants and Applicants. The documents specifically go to any recommendations made etc, by any personnel and or officers of the Ombudsman's Office. The documents are also to include any referrals made to the Ombudsman’s Office by any agency and or department etc, and or Minister of the Crown etc, and or Director General etc, and any other government personnel etc and or agents etc.

The documents exclusively go to Dealing with difficult complainants and Applicants. This goes specifically to complaints,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Cianfrano v NSW Ombudsman

Details

AGLC: Cianfrano v NSW Ombudsman [2007] NSWADT 235
Case: [2007] NSWADT 235
Decision Date: 5 October 2007

CaseChat Overview and Summary

The case of Cianfrano v NSW Ombudsman was heard by the Land and Environment Court of New South Wales. The dispute centred around the applicant's request for access to certain documents under the Freedom of Information Act. The applicant sought information related to the NSW Ombudsman's investigation into the applicant's conduct in his capacity as the former Chief Executive Officer of a local council. The Ombudsman refused to provide some of the documents, claiming they were exempt under the Act.

The legal issues before the court involved the interpretation and application of the Freedom of Information Act, particularly in relation to exemptions for internal working documents and personal affairs. The applicant argued that the documents in question should not be exempt from disclosure as they related to his official duties and were necessary for the proper conduct of his appeal against a disciplinary decision. The Ombudsman contended that the documents were exempt because they were either internal working documents or contained personal information not relevant to the applicant's appeal.

The court examined the provisions of the Freedom of Information Act and considered the nature of the documents in question. It found that the documents were internal working documents that were not subject to public scrutiny and contained personal information that was not relevant to the applicant's appeal. The court concluded that the exemptions applied, and the refusal to release the documents was justified. The court affirmed the determination under review, upholding the Ombudsman's decision not to disclose the documents.

Orders

Orders of the court

THe determination under review is affirmed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Cianfrano v NSW Ombudsman [2007] NSWADT 235
DIVISION:	General Division
PARTIES:	APPLICANT Robert Cianfrano RESPONDENT NSW Ombudsman
FILE NUMBER:	073001
HEARING DATES:	30 May 2007
SUBMISSIONS CLOSED:	8 June 2007
DATE OF DECISION:	5 October 2007
BEFORE:	Montgomery S - Judicial Member
CATCHWORDS:	access to documents - business affairs - access to documents - internal working documents - access to documents - personal affairs - Freedom of Information Act - access to documents - business affairs - Freedom of Information Act - access to documents - internal working documents - Freedom of Information Act - access to documents - personal affairs
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Freedom of Information Act 1989
CASES CITED:	Cianfrano v Director General, Premier's Department [2007] NSWADT 216 General Manager, WorkCover Authority of NSW v Law Society of NSW [2006] NSWCA 84 Law Society of NSW v General Manager, WorkCover Authority of NSW (No 2) [2005] NSWADTAP 33 McKinnon v Secretary, Department of Treasury [2006] HCA 45 New South Wales v Gerard Michael McGuirk [2006] NSWSC 1362 Watt v Forests NSW [2007] NSWADT 197
REPRESENTATION:	APPLICANT In person RESPONDENT M Adofaci, Solicitor
ORDERS:	THe determination under review is affirmed