Black v Hunter New England Local Health District [2021] NSWCATAP 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Black v Hunter New England Local Health District [2021] NSWCATAP 105 Hearing dates: 26 March 2021 Date of orders: 26 April 2021 Decision date: 26 April 2021 Jurisdiction: Appeal Panel Before: N Hennessy A/DCJ, Deputy President Dr R Dubler SC, Senior Member Decision: 1. Time to lodge the appeal is extended to 24 December 2020. 2. Leave to appeal on a question other than a question of law is refused. 3. Leave to appeal from the interlocutory decision to dispense with a hearing is refused. 4. The appeal is dismissed. Catchwords: GOVERNMENT INFORMATION – refusal by agency to deal with application – sec 60(1)(b) Government Information (Public Access) Act 2009 – same information previously requested and refused – Tribunal held no reasonable belief that a different decision would be made – no question of law on appeal – leave to appeal refused. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc. (1981) 148 CLR 170 Alam v Insurance and Care NSW [2020] NSWCATAP 215 Avery v Registrar Births, Deaths and Marriages [2014] NSWCATAP 19 Black v Hunter New England Local Health District & Anor (No 2) [2012] NSWADT 235 Black v Hunter New England Local Health District (No 3) [2020] NSWCATAD 280 Destination NSW v Taylor [2019] NSWCATAP 123 Café Great Pty Limited v Oh [2019] NSWCATAP 203 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Collins v Urban [2014] NSWCATAP 17 Hoddinott Properties Pty Ltd t/as LJ Hooking Chatswood v Gong Yu [2014] NSWCATAP 57 In the Will of F v Gilbert (Dec) (1946) 46 SR (NSW) 318 House v King (1936) 55 CLR 499 Jackson v NSW Land & Housing Corporation [2014] NSWCATAP 22 Nakad v Commissioner of Police (NSW Police Force) [2014] NSWCATAP 10 Thomas v Commissioner of Police, NSW Police Force (No 2) [2019] NSWCATAP 76 ZEJ v ZEL [2018] NSWCATAP 252 Texts Cited: None cited Category: Principal judgment Parties: Philip Ross Black (Appellant) Hunter New England Local Health District (Respondent) Representation: Solicitors: Appellant (Self-Represented) Crown Solicitor (Respondent) File Number(s): 2020/00371264 (AP 20/53735) Publication restriction: The name of Dr [name suppressed] is prohibited from disclosure pursuant to sec 64(1)(a) Civil and Administrative Tribunal Act 2013. Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2020] NSWCATAD 280 Date of Decision: 16 November 2020 Before: R L Hamilton SC, Senior Member File Number(s): 2020/00133958