Relevant court and tribunal decisions

A selection of relevant court decisions which you may find useful in understanding the scope of the Ombudsman’s work and responsibilities. You will need to have the Acrobat Reader http://get.adobe.com/reader/ to view the documents.

2017

April 2017: Freedom of information determination review
El Shafei v Central Adelaide Local Health Network [2017] SACAT 5
http://www.austlii.edu.au/au/cases/sa/SACAT/2017/5.html)
The applicant claimed that the agency had not conducted sufficient searches for documents within the scope of his FOI access application. The Ombudsman concluded that the agency’s searches had been reasonable in the circumstances. The applicant then sought a review of the Ombudsman’s determination by the South Australian Civil and Administrative Tribunal (SACAT). SACAT held that the Ombudsman had no jurisdiction to consider sufficiency of search issues under the Freedom of Information Act 1991, but could assess complaints of this nature under the Ombudsman Act 1972.

April 2017: Freedom of information determination appeal
http://www.austlii.edu.au/au/cases/sa/SADC/2017/34.html
The applicant sought agenda and minutes of meetings of the Economic Development Board.  The Court considered whether one document was exempt as a Cabinet document.  The Ombudsman’s determination was confirmed.

2016

June 2016: Freedom of information determination appeal
University of South Australian v Miller [2016] SADC 54
The applicant sought access to correspondence relevant to an investigation.  The determination of the agency was confirmed.

2015

June 2015: Freedom of information determination appeal
City of Onkaparinga v Houlahan [2015] SADC 2015
The applicant sought access to a Governance Report and associated documents.  The determination of the agency was varied.

2013

March 2013: Conflict of interest in local government council
Petrovski v Dolling [2013] SADC 27, 5 March 2013
This decision followed an investigation under the Ombudsman Act 1972.

2012

December 2012: Conflict of interest in local government council
Petrovski v Pain [2013] SADC 6
The decision followed an investigation under the Ombudsman Act 1972.

September 2012: Freedom of information determination appeal
Department of Planning & Local Government v Chapman [2012] SADC 120, 27 September 2012
Ombudsman’s determination, March 2011
Ms Vickie Chapman MP requested public submissions to the draft 30-Year Plan for Greater Adelaide Report. The determination of the agency was varied.

2010

June 2010: Freedom of information determination appeal
Daycorp P/L & Ors v Parnell & Anor [2011] SADC 191, 12 December 2011
Ombudsman’s determination, June 2010
Hon Mark Parnell MLC requested correspondence from 2005 onwards between the department and developers concerning development at Mount Barker. The determination of the agency was reversed.

Further information