Department of Communities and Justice v Zonnevylle [2020] NSWCATAP 126

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Department of Communities and Justice v Zonnevylle [2020] NSWCATAP 126 Hearing dates: On the Papers Date of orders: 30 June 2020 Decision date: 30 June 2020 Jurisdiction: Appeal Panel Before: Hennessy ADCJ, Deputy President S Westgarth, Deputy President A Suthers, Principal Member Decision: (1) A hearing of each of Mr Zonnevylle's applications for interlocutory orders and applications for miscellaneous orders is dispensed with. (2) The appeal is upheld. (3) Orders 1 and 2 made on 22 October 2019 are set aside. (4) In substitution for those orders, the following orders are made: (5) The decision of the Department of Communities and Justice that Mr Zonnevylle's application for access to government information received on 5 September 2018, is invalid, is affirmed. (6) Each of Mr Zonnevylle's applications for interlocutory orders and applications for miscellaneous orders is dismissed. Catchwords: STATUTORY INTERPRETATION – access to government information – where applicant applied for government information but did not include such information as was reasonably necessary to enable the government information applied for to be identified – whether application wholly invalid - meaning of phrase "the government information applied for" in s 41(1)(e) of Government Information (Public Access) Act 2009 Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 Cases Cited: City of Port Adelaide Enfield v Minister for Transport and Urban Planning [1999] SASC 73; (1999) 73 SASR 22 Federal Cmr of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503 Mills v Meeking [1990] HCA 6; (1990) 169 CLR 214 Minister for Urban Affairs and Planning v Rosemount Estates Pty Ltd (1996) 91 LGERA 31 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 at 384; 153 ALR 490 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 347 ALR 405 Texts Cited: Pearce and Geddes, Statutory Interpretation in Australia, (9th ed, 2019, LexisNexis Butterworths) Category: Principal judgment Parties: Department of Communities and Justice (Appellant) Peter Zonnevylle (Respondent) Representation: Solicitors: Crown Solicitor (Appellant) Respondent (Self Represented) File Number(s): AP 19/51762 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Citation: [2019] NSWCATAD 215 Date of Decision: 22 October 2019 Before: D Robertson, Senior Member File Number(s): 2019/00356297