Danis v Commissioner of Police [2021] NSWCATAP 57

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Danis v Commissioner of Police [2021] NSWCATAP 57 Hearing dates: 5 February 2021 Date of orders: 11 March 2021 Decision date: 11 March 2021 Jurisdiction: Appeal Panel Before: L Pearson, Principal Member J Lucy, Senior Member Decision: (1) Leave to appeal is granted; (2) Appeal to be dealt with by new hearing; (3) Appeal dismissed. Catchwords: APPEAL – interlocutory decision – summonses – application to set aside - dispensing with a hearing - whether leave to appeal should be granted – dealing with appeal by way of new hearing – whether summonses lack legitimate forensic purpose Legislation Cited: Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulation 2013 Civil and Administrative Tribunal Rules 2014 Crimes (Domestic and Personal Violence) Act 2007 Government Information (Public Access) Act 2009 Police Act 1990 Cases Cited: Commissioner of Police, NSW Police Force v Camilleri (GD) [2012] NSWADTAP 19 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 CLD v Children's Guardian [2017] NSWSC 936 Collins v Urban [2014] NSWCATAP 17 Commissioner of Police (NSW) v Barrett [2015] NSWCATAP 68 Jones v Dunkel (1959) 101 CLR 298 Kioa v West 1985] HCA 81; (1985) 189 CLR 550 Lonsdale v University of Sydney [2015] NSWCATAP 277 R v Saleam [1999] NSWCCA 86 Rhinehart v Rhinehart [2018] NSWSC 1102 Sharpe v Grobbel [2017] NSWSC 1065 Category: Principal judgment Parties: Emil Danis (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: E Danis (Appellant in person) Sparke Helmore (Respondent) File Number(s): 2020/00371121 (AP20/44875) Publication restriction: No Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: N/A Date of Decision: 05 November 2020 Before: C Ludlow, Senior Member File Number(s): 2020/00097662