ADT FOI decision: caning for Corrective Services

In Ferns v Department of Corrective Services (2006) NSWADT 217 the NSW Administrative Decisions Tribunal considered whether a reasonable search for documents had been undertaken, and other issues concerning a claim for exemption, and a refusal to amend records. Judicial Member Montgomery was unimpressed by the Department’s record keeping and evidence or lack of it, regarding sufficiency of search for a document that clearly existed at one point but could not be located. He ordered a new, systematic, and thorough search be undertaken by an officer not previously involved in the matter.

The Tribunal also partially agreed with the applicant’s request for amendment of records. There is no discussion in the decision about whether the records in question contained matter concerning the personal affairs of the applicant, a prerequisite for exercise of rights to amendment under the FOI Act. The records in question clearly relate to work related matters that are not necessarily matters concerning a person’s “personal affairs”.