Commissioner of Police v DYD [2020] NSWCATAP 224

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police v DYD [2020] NSWCATAP 224 Hearing dates: 11 September 2020 Date of orders: 30 October 2020 Decision date: 30 October 2020 Jurisdiction: Appeal Panel Before: Hennessy ADCJ, Deputy President Dr Lucy, Senior Member Decision: (1) Leave to appeal on a question other than a question of law is refused. (2) The Tribunal's orders 1 and 2 made on 1 May 2020 are affirmed. (3) The Tribunal's order 3 made on 1 May 2020 is set aside. The Tribunal is directed to reconsider that order, without further evidence, in accordance with the findings in these reasons and any further submissions the Tribunal may allow. Catchwords: APPEAL – questions of law – making a finding of fact for which there is no evidence – meaning of giving "proper, genuine and realistic consideration" to a matter; STATUTORY INTERPRETATION – meaning of s 75 of Government Information (Public Access) Act 2009 ORDERS – scope of remittal powers under s 63 and s 65 of Administrative Decisions Review Act 1997 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Government Information (Public Access) Act 2009 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Barrett v Commissioner of Police, NSW Police Force [2014] NSWCATAD 32 Danis v Commissioner of Police, NSW Police Force [2020] NSWCATAD 138 Denyer v Commissioner of Police, NSW Police Force [2018] NSWCATAD 160 Department of Community Services and Latham [2000] NSWADTAP 21 Khan v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216 Minister for Immigration and Citizenship v SZJSSH [2010] HCA 48, (2010) 243 CLR 164 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231; (2019) 100 NSWLR 578 O'Grady v Sutherland Shire Council [2020] NSWCATAD 50 Public Service Board of New South Wales v Osmond (1986) 159 CLR 656 at 662; [1986] HCA 7 Swannick v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 165 Swift v SAS Trustee Corporation [2010] NSWCA 182 Texts Cited: None cited Category: Principal judgment Parties: Commissioner of Police (Appellant) DYD (Respondent) Representation: Counsel: R Mansted (Appellant)