Feeney v Secretary, Department of Communities and Justice [2020] NSWCATAD 269

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Feeney v Secretary, Department of Communities and Justice [2020] NSWCATAD 269 Hearing dates: 10 August 2020 Date of orders: 2 November 2020 Decision date: 02 November 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the respondent dated 3 March 2020 is set aside. (2) In substitution of that decision the respondent is to deal with the application as a formal application under the GIPA Act. (3) The period under section 57 (1) of the GIPA Act for the respondent to decide the access application will commence the day after publication of these reasons. Catchwords: ADMINISTRATIVE LAW – Government Information (Public Access) Act -– GIPA – discretion decline to deal with application – how discretion should be applied – systemic factors – weight applied to factors Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Administration of Sentences) Act 1999 Crimes (Administration of Sentences) Regulation 2014 Crimes (High Risk Offenders) Act 2006 Freedom of Information Act 1989 (repealed) Government Information (Public Access) Act 2009 Government In formation (Public Access) Amendment Bill 2018 Cases Cited: Commissioner of Police v Danis [2017] NSWCAPAP 7 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 Hearne v Street [2008] HCA 36 Mannix v Department of Education and Communities [2014] NSWCATAD 35 Project Blue Sky v Australia Broadcasting Authority [1998] HCA 28 Singh v Legal Aid Commission (No 2) [2015] NSWCATAD 5 Texts Cited: Nil Category: Principal judgment Parties: Steven Feeney (Applicant) Secretary, Department of Communities and Justice (Respondent) Representation: Counsel: B Tronson, K Hopper (Applicant)