EEC v Federation Council [2020] NSWCATAD 169

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EEC v Federation Council [2020] NSWCATAD 169 Hearing dates: On the papers Date of orders: 02 July 2020 Decision date: 02 July 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: (1) Under s 64 (1) of the Civil and Administrative Tribunal Act 2013 the Tribunal prohibits the disclosure of the applicant's name or of material that identifies him or is likely to lead to his identification. (2) The Tribunal dispenses with a hearing with respect to the extension of time issue. (3) Time is extended under s 41 of the Civil and Administrative Tribunal Act 2013 to enable the applicant to make this application for administrative review. (4) The Tribunal is not satisfied that the substantive application can be adequately determined on the papers at this time. (5) This matter is to be listed for a telephone hearing before me at a time and date to be fixed by the Registrar. Catchwords: PRACTICE AND PROCEDURE – Administrative Decisions Review Act 1997 - administrative review – application out of time – extension of time granted. PRACTICE AND PROCEDURE - Civil and Administrative Tribunal Act 2013 – whether materials lodged by parties sufficient to dispense with hearing. HUMAN RIGHTS - Privacy and Personal Information Protection Act 1998 - adequacy of review of conduct under s 53. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Privacy and Personal Information Protection Act 1998 Cases Cited: Gallo v Dawson [1990] HCA 30, 93 ALR 479 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 VA v Premier's Department [2006] NSWADT 249 WL v Randwick City Council (GD) [2007] NSWADTAP 58 XW v Department of Education and Training [2009] NSWADT 7 Texts Cited: None cited Category: Procedural and other rulings Parties: EEC (Applicant) Federation Council (Respondent) Representation: Solicitors: Applicant (Self Represented) J Shannon (Authorised Officer) (Respondent) File Number(s): 2020/00015190 Publication restriction: Section 64(1) – The Tribunal prohibits the disclosure of the applicant's name or of material that identifies him or is likely to lead to his identification.