Appendices - Department of Education and Communities - NSW ...

APPendixStatistical information about the Department can also befound at: www.det.nsw.edu.au/reports_stats/stats/index.htmCircumstances and outcomes ofinvestigations or applications for reviewCircumstances and outcomes of investigations orapplications for reviewThere was a 20% decrease in matters to the AdministrativeDecisions Tribunal (ADT) and a 40% decrease in thenumber of Ombudsman reviews in 2009, which is areflection on the quality of the determinations beingmade, including those of internal reviews. Applicantsappear more satisfied with the reasons given, for refusal orpartial access to documents.In 2009, three applications for external review bythe Office of the Ombudsman were finalised. TheOmbudsman’s investigation officers upheld one decisionto refuse access to exempt material and varied anothermatter, resulting in the applicant gaining partial accessto additional documents. The decision on the remainingmatter was varied and the alleged unreasonable chargeswere re-assessed.In 2009, nine external review applications to the ADTwere finalised. For one matter, commenced in 2006,the Department’s decision was upheld. Five matterscommenced in 2007 had their decisions upheld and theappeals dismissed. Of two matters commenced in 2008one had the appeal dismissed and the ADT affirmedthe Department’s decision to refuse amendments ofdocuments in the other. One matter commenced in2009 was withdrawn, as the applicant accepted a redeterminationafter a Planning Meeting.There are currently four review matters before the Tribunal.Two matters were submitted in 2007, one in 2008 andone in 2009. In two of these matters the proceedingswere concluded with the Tribunal reserving its decisionand on the other two matters, the Tribunal is yet to makea decision.Third party consultationIn 2009, the Department consulted 43 people in respectof 32 applications. The majority were consulted relatingto requests for access to information affecting personalaffairs or business affairs. The Department consulted otheragencies in connection with information affecting intergovernmentalrelations in three matters.Internal reviewsIn 2009 there was a 40% increase in the number ofinternal reviews that were received, with 49 in 2009compared to 35 in 2008. Sixteen internal reviews (33%of decisions) resulted in a variation to the original decisionresulting in the applicant obtaining full access or additionaldocuments. Thirty-three reviews (67% of decisions) wereupheld by the reviewer.Overview of major issues arisen duringthe yearApplicationsIn 2009 the Department processed 452 applications. Thisrepresented a 14% increase on the number processed inthe previous year. New applications received increasedby 6.5% to 430 applications. Personal applications (thatis, applications for information pertaining directly to theapplicant and/or their child) continue to constitute themajority of applications received by the Department. In2009 personal applications accounted for 70% of all newapplications. There were fewer applications discontinued;most of these were because the applicant withdrewthe request and four applications were transferred toanother agency. Only 17 applications were refused ordeemed refused.Applicants were, on the whole, highly successful in theirdealings with the Department on FOI matters, with 81%of applicants being granted either access in full or in partto the documents they sought. In 28 of the 414 completed124 APPENDICES