Alam v Insurance and Care NSW [2020] NSWCATAD 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Alam v Insurance and Care NSW [2020] NSWCATAD 148 Hearing dates: 6 November 2019 Date of orders: 05 June 2020 Decision date: 05 June 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: (1) The decision of the respondent made, on 28 May 2019, is affirmed. (2) In the event the respondent presses its application for cost, the respondent is to file and serve a short written submission on that issue within 14 days of the date of this decision. (3) In the event the respondent does press its application for costs, the applicant is to file and serve a short written submission in reply within a further 14 days. (4) Submissions should address the question of whether the Tribunal should dispense with a hearing on the issue of costs, pursuant to s 50 of the Civil and Administrative Tribunal Act 2013. Catchwords: ADMINISTRATIVE LAW – access to government information – decision of the agency that it did not hold the information sought – whether there are reasonable grounds to believe that the requested information exists and held by the agency – whether the search efforts of the agency were reasonable in the circumstances Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Ampcontrol Limited v Department of Planning, Industry and Environment [2020] NSWCATAD 98 Amos v Central Coast Council [2018] NSWCATAD 101 Camilleri v Commissioner of Police, NSW Police Force [2012] NSWADT 5 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179 Hemeon v Commissioner of Police, New South Wales Police Service [2002] NSWADT 201 McClymont v Department of Family and Community Services [2017] NSWCATAD 202 Robinson v Commissioner of Police [2014] NSWCATAP 73 Walker v Roads and Maritime Services [2019] NSWCATAD 177 Webb v Port Stephens Council [2018] NSWCATAP 224 Category: Principal judgment Parties: Sumyya Alam (Applicant) icare (Respondent) Representation: Counsel: B Epstein (Respondent)