Zacek and Australian Postal Corporation

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2007] AATA 1380

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No  V2006/993

GENERAL  ADMINISTRATIVE  DIVISION		)
Re		SANDRA ZACEK

Applicant

And AUSTRALIAN POSTAL CORPORATION  

Respondent

DECISION

Tribunal Mr John Handley, Senior Member

Date29 May 2007

PlaceMelbourne

Decision

1.        In all of the circumstances I am satisfied that the decision made by the respondent with respect to documents 1 – 6 and 8 – 11 inclusive where it exercised a discretion to refuse amendment is affirmed.

2.        The decision with respect to Document 7 will be set aside and in substitution the document will be amended by a line being drawn through the relevant words (refer paragraph 57) and a reference made on Document 7 to it being amended by this decision with the respondent’s consent.

3.        The application to dismiss these proceedings as being frivolous or vexatious is refused.

..............................................

John Handley
Senior Member

  

FREEDOM OF INFORMATION – applicant a previous employee – three previous applications to the AAT to obtain documents – application to amend 11 documents – application refused by respondent who annotated the documents – application by respondent to dismiss as frivolous or vexatious – documents concerned historical records and opinions – discussion of permissible basis for amendment and whether incorrect records should be amended – applicant succeeded in amendment of one document – decision to refuse amendment of remaining 10 documents affirmed – application to dismiss as frivolous or vexatious refused

Freedom of Information Act 1982 (Cth) s 4 and s 48 and s 50 and s 50(1) and s 50(3) and s 51 and s 51(1) and s 55(6)(c)

Administrative Appeals Tribunal Act 1975 s 42B

Attorney‑General v Wentworth (1998) 14 NSWLR 481

Freeman v National Australia Bank Ltd [2006] FCAFC 67

Ramsay v Skyring [1999] FCA 907

Re Cox and Department of Defence (1990) 20 ALD 499

Re Zacek and Australian Postal Corporation [2002] AATA 473

Singh v Secretary Department of Employment and Workplace Relations [2007] FCA 90

Theo and Department of Families, Community Services and Indigenous Affairs [2007] FCA 171

Re Sime and Minister for Immigration and Ethnic Affairs (1995) 21 AAR 369

Re Tadensz Slezankiewicz and Australian and Overseas Telecommunications Corporation (AAT 8071, 1 July 1992)

REASONS FOR DECISION

29 May 2007   Mr John Handley, Senior Member

1.      The respondent having made a decision to refuse to amend documents pursuant to the Freedom of Information Act 1982 (the Act) applied to dismiss this application as frivolous or vexatious pursuant to s 42B of the Administrative Appeals Tribunal Act 1975 (the AAT Act). It was submitted that there was no –

(i)Utility in the application proceeding;

(ii)Most of the documents did not relate to personal information about the applicant; and

(iii)It had annotated all of the 11 documents in issue by reference to a 52 page document drafted by the applicant and lodged by her when she initially claimed upon the respondent.

2.      The applicant being the person who lodged these proceedings sought amendment of…