Ferns v Commissioner of Corrective Services, Department of Corrective Services

[2007] NSWADT 298

CITATION:	Ferns v Commissioner of Corrective Services, Department of Corrective Services [2007] NSWADT 298
DIVISION:	General Division
PARTIES:	APPLICANT Helen Ferns on behalf of Craig Ferns RESPONDENT Commissioner of Corrective Services, Department of Corrective Services
FILE NUMBER:	063295
HEARING DATES:	16 March 2007, 5 July 2007
SUBMISSIONS CLOSED:	13 July 2007
DATE OF DECISION:	18 December 2007
BEFORE:	Higgins S - Judicial Member
CATCHWORDS:	access to documents - adequacy of search
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Freedom of Information Act 1989 Freedom of Information Act 1982 (Cth)
CASES CITED:	Shepherd & Department of Housing, Local Government & Planning [1994] QICmr 7 (18 April 1994); (1994) 1 QAR 464 Cianfrano v Director-General, Attorney General’s Department [2007] NSWADT 8 Dezfouli v Department of Corrective Services [2007] NSWADT 25 Cianfrano v Director-General, Department of Commerce & Anor [2006] NSWADT 195 Curtin v Vice-Chancellor, University of New South Wales (No.2) [2006] NSWADT 56O Hara v North Sydney Council [2005] NSWADT 100 Chapman v Commissioner of Police, NSW Police [2004] NSWADT 35 Patsalis v Commissioner of Police, NSW Police Service [2003] NSWADT 213 DQ v Commissioner of Police, NSW Police Service [2002] NSWADT 215 Chu v Telstra Corporation Ltd [2005] FCA 1730 Miriani v Commissioner of NSW Police [2005] NSWADT 187
REPRESENTATION:	R Reitano, barrister T Anderson, barrister
ORDERS:	The tribunal orders that the decision of the Department in so far as it was deemed to have refused access to documents falling within category 3 of Mr Ferns FOI request is set aside and remitted for reconsideration in accordance with the findings and recommendations of the tribunal.

REASONS FOR DECISION

Introduction

1 This is an application by Mr Ferns, made through his agent, his mother Mrs Ferns, seeking review of a decision of the Department pursuant to the Freedom of Information Act 1989 (‘the FOI Act’) in regard to a request by Mr Ferns for access to 3 categories of documents. The documents in question concerned Mr Ferns employment with the Department as a correctional officer.

2 The Department initially determined that it only held one document falling within Mr Ferns’ request. This was the document falling within the second category of documents requested and the Department determined to grant Mr Ferns access to it. The Department otherwise determined that it did not hold any documents coming within the terms of the first and second categories of documents for which Mr Ferns had sought access.

3 Mr Ferns made an application for internal review on the basis that there must be other documents held by the Department which came within the terms of his FOI request. On internal review, the Department identified three additional one page documents which fell within the first category of documents Mr Ferns had requested access to. The Department determined to grant Mr Ferns access to these documents and again stated that it held no further documents relating to the FOI request.

4 Mr Ferns being dissatisfied with the determination of the respondent lodged an application with the…