CIRCULAR NO. 98 - 84 FREEDOM OF INFORMATION ADMINISTRATIVE DECISIONS TRIBUNAL

The purpose of this Circular is to provide information on procedural changes to the external review provisions of the Freedom of Information Act 1989 resulting from the establishment of the NSW Administrative Decisions Tribunal (ADT).

Under the external review provisions of the FOI Act, a right of appeal to the District Court is conferred upon a person aggrieved by a determination that has been made by an agency or Minister in relation to an application for access to documents or to amend records.

Commencing 6 October 1998, the NSW Administrative Decisions Tribunal replaces the District Court in the FOI external review process. Referral to the NSW Ombudsman as another avenue of appeal in the external review process remains the same. However, the ADT and the Ombudsman may cross-refer matters as appropriate. The time periods for lodging an appeal remain unchanged.

Until more formalised arrangements are implemented, applications for review to the ADT can be made to the Tribunal, Level 10, 65 Elizabeth Street, Sydney 2000 ( telephone 9223 4677). It is expected that a nominal application fee will be charged, possibly in the order of around $50. A time limit for dealing with applications does not apply although the ADT must bring down a decision within six months of deferring a decision. Notice of hearings will be directed to the principal officer of an agency as the nominal administrator (decision maker).

The ADT will be able to make decisions 'on the papers' and it is expected that matters will be expedited in as fair and cost efficient manner as practicable. Assessment and resolution of applications via telephone and informal meetings will provide scope for the ADT to move away from an adversarial system of dispute handling. More formal hearings involving legal representation will be available as an adjunct to the assessment and resolution process. In this respect the ADT may award or waive costs as the situation demands.

The Premier's Department FOI Procedure Manual is currently under revision and it is expected that revised FOI pamphlets, 'Guidelines for using FOI in NSW' and 'Reviews and Appeals', will be available before the end of the year.

Please bring this matter to the attention of your department and any sub-department or authority coming within, or associated with, your administration.

Roger B.Wilkins

Acting Director General