Page 1808 - Week 07 - Tuesday, 21 August 2007
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Incorporated document
Attachment 1
Document incorporated by Mrs Dunne
AUSTRALIAN CAPITAL TERRITORY AT06/63
ADMINISTRATIVE APPEALS TRIBUNAL AT
CANBERRA
BETWEEN: VICKI DUNNE
Applicant
AND: ACT DEPARTMENT OF EDUCATION AND TRAINING
Respondent
RESPONDENT’S REVISED STATEMENT OF FACTS AND CONTENTIONS
Facts
1. On 21 June 2006, under the Freedom of Information Act 1989 (“the Act”), the Applicant, Vicki Dunne, sought “… a copy of all material provided by your department or received by your department, that related to, or prompted the Government’s decision to close 39 schools and to amalgamate other schools as outlined in the document Towards 2020 and listed on (Attachment 1) and (Attachment 2)”. (T document No. 8, pages 107-110).
2. On 21 July 2006, Carol Harris, an officer of the Respondent and the primary decision-maker wrote to the Applicant granting access to certain documents and refusing access to other documents on various grounds. (T document No. 6, pages 95 – 104.
3. On 4 August 2006, Ms Harris wrote again to the Applicant providing a decision in respect of documents unable to be dealt with in the previous reply. Again, she released some documents and refused access to others, in whole or in part, on various grounds. (T document No. 5, pages 64-94).
4. On 18 August 2006, the Applicant applied for internal review of the decision (T document No. 4, pages 60-63).
On 6 September 2006, Mr Craig Curry, the Executive Director of the Respondent and the internal reviewer, decided to release some documents, upheld Ms Harris’ decision in respect of some documents and determined that some other documents (including some withheld by Ms Harris) were in fact not within the scope of the request. (T document No. 2, pages 28-49 and the schedule is at pages 13-27).
5. On 25 September 2006, the Applicant applied to the Tribunal for a review of the decision. (T document No. 1, pages 3-27).
Contentions
1. The Respondent relies upon the grounds of exemption stated in
i) The amended and consolidated schedule of documents filed and served on 5 February 2007;
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