Robertson v Minister for Planning

[2008] NSWADT 240

CITATION:	Robertson v Minister for Planning [2008] NSWADT 240
DIVISION:	General Division
PARTIES:	APPLICANT Ian Robertson RESPONDENT Minister for Planning
FILE NUMBER:	083017
HEARING DATES:	On the papers
SUBMISSIONS CLOSED:	25 March 2008
DATE OF DECISION:	27 August 2008
BEFORE:	Montgomery S - Judicial Member
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989
CASES CITED:	Cianfrano v Director General, Premier's Department [2007] NSWADT 216 Commonwealth v Northern Land Council (1993) 176 CLR 604 Egan v Chadwick (1999) 49 NSWLR 563 McGuirk v University of New South Wales [2007] NSWADT 204 McGuirk v University of New South Wales (GD) [2008] NSWADTAP 17 P v Greater Western Area Health Service [2007] NSWADT 87 Re Anderson and Department of Special Minister of State (No 2) (1986) 11 ALN 239 Retain Beacon Hill High School Committee Inc v NSW Treasury [2007] NSWADT 55 University of New South Wales v McGuirk [2006] NSWSC 1362 University of New South Wales v McGuirk (No 2) [2008] NSWADTAP 8
REPRESENTATION:	APPLICANT I Latham, barrister RESPONDENT R Bhalla, solicitor
ORDERS:	The decision under review is affirmed.

1 By an application dated 14 December 2007, the Applicant made a request to the Minister for Planning (“the Respondent”) for documents pursuant to section 36 of the Freedom of Information Act 1989 ("the FOI Act). His request was in the following terms:

“I request access to document(s) concerning:

(i) Draft bill or bills arising from, leading to or incorporating all or any of the proposals set out in the Discussion Paper 'IMPROVING the NSW planning system' dated November 2007.

(ii) Draft legislation arising from, leading to or incorporating all or any the proposals set out in the Discussion Paper 'IMPROVING the NSW planning system' dated November 2007.

(iii) Draft Explanatory Memorandum or Memoranda for draft legislation leading to or incorporating all or any of the proposals set out in the Discussion/Paper 'IMPROVING the NSW planning system' dated November 2007.

(iv) Instructions to Parliamentary Counsel as to the drafting of bills and/or legislation and/ explanatory memorandum or memoranda arising from, leading to or incorporating all or any the proposals set out in the Discussion Paper 'IMPROVING the NSW planning system' dated November 2007.”

2 The Respondent's FOI Coordinator and Policy Advisor, Ms Maree Keft, made a determination in respect of the request on 11 January 2008. She refused access to the documents pursuant to section 25(1)(a) of the FOI Act. Ms Keft made the determination to refuse access to the documents that she identified as falling within the scope of the application and stated:

“The documents contain information that was prepared for submission to Cabinet. The documents also contain information that relates directly to recommendations made within a Cabinet Minute. Accordingly, the documents are exempt by virtue of clauses 1(1)(a), (b) and (e), clauses 9(1)(a)(i)(ii) and (b) and clause 10(1) of Schedule 1 to the Act.

My determination of today' s date is that access to all documents captured by the scope of your application has been refused.”

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