Starr v Sydney Water Corporation

CITATION:	Starr v Sydney Water Corporation [2010] NSWADT 28
DIVISION:	General Division
PARTIES:	APPLICANT Anthony William Starr RESPONDENT Sydney Water Corporation
FILE NUMBER:	093029
HEARING DATES:	24 June 2009, 6 July 2009
SUBMISSIONS CLOSED:	6 November 2009
DATE OF DECISION:	29 January 2010
BEFORE:	Montgomery S - Judicial Member
CATCHWORDS:	Freedom of Information - exempt document - Documents containing confidential material - Documents affecting business affairs - Documents subject to legal professional privilege - Documents concerning operations of agencies
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989
CASES CITED:	Black v Hunter New England Area Health Service [2008] NSWADT 301 Colakovski v Australian Telecommunications Corporation (1991) 29 FCR 429 Daniels Corporation International Pty Ltd and Anor v Australian Competition and Consumer Commission (2002) 223 CLR 543 Howell v Macquarie University [2008] NSWCA 26 Keriakes v State Rail Authority of NSW [2003] NSWADT 191 McGuirk v University Of New South Wales; University Of New South Wales v McGuirk [2009] NSWCA 321 Neary v State Rail Authority [1999] NSWADT 107 Re Maher and AG’s Department (No 2) (1986) 4 AAR 226 at 277. Re Saxon and Australian Maritime Authority (unreported, AAT, Cth, 19 June). Robinson v Director General, Department of Health [2002] NSWADT 222 Vella v Commissioner of Police, NSW Police Force [2009] NSWADT 68 Waterford v Commonwealth (1987) 163 CLR 54 Watt v Forests NSW [2007] NSWADT 197
REPRESENTATION:	APPLICANT In person RESPONDENT J Mattson, solicitor
ORDERS:	The decision is affirmed.

REASONS FOR DECISION

1 Mr Starr (“the Applicant”) applied to the Sydney Water Corporation (“Sydney Water”) under the Freedom of Information Act 1989 (“the FOI Act”), for access to documents held by Sydney Water.

The factual background

2 Sydney Water undertakes statutory functions as a Trunk Drainage Authority on land adjacent to the Applicant's property. In that role, it is to provide storm water and flood management along the trunk drainage system. To perform the work as a Trunk Drainage Authority Sydney Water acquired land ("the Site") from the Applicant. The Applicant still resides at a property adjacent to the land acquired from him.

3 Sydney Water currently uses the Site for trunk drainage purposes and often attends the Site to perform its duties. It uses employees and contractors to perform its duties on the Site.

4 The Applicant has made various complaints about the work of Sydney Water at the Site. Contractors and employees engaged to work at the Site and employees who have had dealings with the Applicant have made confidential complaints to Sydney Water about the behaviour of the Applicant. The complainants perceived the Applicant's conduct to be of a bullying and harassing nature. The complainants expressed concerns about being verbally abused and harassed by the Applicant.

5 The Site is the location of some of the alleged harassment and verbal abuse.

6 Warning letters were sent to the Applicant in April and May 2007 about his alleged behaviour. The Applicant made a complaint to The Energy & Water Ombudsman NSW (“EWON”).

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