Norkin v University of New England [2021] NSWCATAD 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Norkin v University of New England [2021] NSWCATAD 90 Hearing dates: On the papers Date of orders: 9 April 2021 Decision date: 09 April 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: 1. The decision under review is remitted pursuant to s 65(1) of the Administrative Decisions Review Act 1997 to the respondent for reconsideration of its refusal to deal with the application and consultation with any person pursuant to s 54 of the Government Information (Public Access) Act 2009. 2. By close of business on 7 May 2021 the respondent is to inform the applicant of the outcome of the reconsideration. 3. By close of business on 21 May 2021 the applicant is to inform the respondent and the Tribunal whether he wishes to continue with the review of the new or varied decision; or withdraw his application for review. 4. The matter is listed for a case conference on 2 June at 9.30 am. 5. If the applicant withdraws his application, the Tribunal will dismiss the proceedings and vacate the case conference listing. 6. Submissions by either party on whether the Tribunal may dispense with a hearing and dismiss the proceedings on the papers should be filed (if the applicant withdraws his application) by 28 May 2021. Catchwords: FREEDOM OF INFORMATION – government information – refusal to deal with application – remittal Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Collins v Department Finance, Services & Innovation [2018] NSWCATAD 60 Commissioner of Police v Danis [2017] NSWCATAP 7 Feeney v Secretary, Department of Communities and Justice [2020] NSWCATAD 269 Texts Cited: Nil Category: Procedural rulings Parties: Anton Norkin (Applicant) University of New England (Respondent)