Wojciechowska v Blue Mountains City Council [2021] NSWCATAP 179

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wojciechowska v Blue Mountains City Council [2021] NSWCATAP 179 Hearing dates: On papers after 3 March 2021 Date of orders: 22 June 2021 Decision date: 22 June 2021 Jurisdiction: Appeal Panel Before: Hennessy ADCJ, Deputy President D Fairlie, Senior Member Decision: The appeal on the ground that the Tribunal does not have authority to decide the appellant's application under the Government Information (Public Access) Act 2009 (NSW) is dismissed. Catchwords: CONSTITUTIONAL LAW (CTH) – Chapter III – where application under the Government Information (Public Access) Act 2009 (NSW) came before Civil and Administrative Tribunal of New South Wales ("NCAT") – where one party is State of NSW and the other party is a resident of another State where common ground that NCAT not a "court of a State" – whether NCAT exercised State judicial power in hearing and determining a dispute under the GIPA Act Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Constitution (Cth) Government Information (Public Access) Act 2009 (NSW) Judiciary Act 1903 (Cth) Privacy and Personal Information Protection Act 1998 (NSW) Planning and Environment Act 1987 (Vic) Cases Cited: Barnsley v Darebin City Council [2021] VCAT 104 Burns v Corbett [2018] HCA 15 Burns v Corbett (2017) 316 FLR 448 EFB v Commissioner of Police, NSW Police Force [2021] NSWCATAD 55 In re Judiciary and Navigation Acts (1921) 29 CLR 257 Palmer v Ayres [2017] HCA 5 PJB v Melbourne Heath (2011) 39 VR 373 Rizeq v Western Australia (2017) 344 ALR 421 Texts Cited: None cited Category: Principal judgment Parties: Paulina Wojciechowska (Appellant) Blue Mountains City Council (Respondent) Representation: Solicitors: Applicant (Self-Represented) Marsdens Law Group (Respondent) File Number(s): 2020/00371187 (AP 20/49310) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2020] NSWCATAD 264 Date of Decision: 27 October 2020 Before: M Easton, Senior Member File Number(s): 2019/00234255