Pemberton v Commissioner of Police [2021] NSWCATAP 93

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pemberton v Commissioner of Police [2021] NSWCATAP 93 Hearing dates: On the papers Date of orders: 16 April 2021 Decision date: 16 April 2021 Jurisdiction: Appeal Panel Before: S Higgins, Senior Member R C Titterton OAM, Senior Member Decision: 1. Mr Pemberton's application for the production of additional documents is refused. 2. Within fourteen (14) days of the publication of this decision, Mr Pemberton is to file and serve his submissions in reply to the submissions of the Commissioner filed and served on 12 November 2020. Catchwords: APPEALS – application of appellant for an order that the respondent produce specified documents Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 McDonald v Pochin [2016] NSWCATAP 259 ZBC v ZBD [2016] NSWCATAP 264 Texts Cited: None cited Category: Procedural rulings Parties: James Pemberton (Appellant) Commissioner of Police (Respondent) Representation: Solicitors: Appellant (Self-Represented) Norton Rose Fulbright Australia (Respondent) File Number(s): 2020/00370861 (AP 20/27406) Publication restriction: Nil

reasons for decision 1. The appellant, James Pemberton (Mr Pemberton), has appealed the decision of the Tribunal, made on 21 May 2020, to affirm the decision of the respondent, the Commissioner of Police, NSW Police Force, to refuse him access to specified information for which he sought access under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act). 2. On 30 July 2020, at the call-over, the Appeal Panel, constituted by S Westgarth Deputy President, made orders for the filing and serving of evidence and submissions by Mr Pemberton and the Commissioner. Time was subsequently extended for compliance with those orders and Mr Pemberton filed and served his evidence and submissions on 24 September 2020. The Commissioner filed and served his evidence and submissions on 12 November 2020. 3. After the Commissioner filed and served his evidence and submissions, and before Mr Pemberton was required to file and serve his submissions in reply, Mr Pemberton approached the Tribunal seeking an order that the Commissioner be required to produce additional documents. On 13 November 2020, S Westgarth Deputy President made the following orders in regard to Mr Pemberton's application: 1. The Appellant must by 4/12/20 file and serve an application for the production of additional documents in support of the appeal. 2. The Respondent must by 18/12/2020 file and serve its response to the Appellant's application. 3. The question of the Appellant's application (i.e. whether the Respondent should produce documents prior to the Appellant filing his submissions in reply) will be determined on the papers. 1. Mr Pemberton and the Commissioner filed and served their material as ordered in regard to Mr Pemberton's application. 2. For the reasons set out below, we have decided to refuse Mr Pemberton's application for the production of additional documents. We have also made an order that, within seven days of the publication of this decision, Mr Pemberton is to file and serve his evidence in reply to the evidence and submissions of the Commissioner in regard to his substantive appeal.