Dezfouli v Justice Health & Forensic Mental Health Network [2021] NSWCATAD 189

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dezfouli v Justice Health & Forensic Mental Health Network [2021] NSWCATAD 189 Hearing dates: 17 May 2021 Date of orders: 7 July 2021 Decision date: 07 July 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: (1) The decision under review is set aside. (2) The application is remitted to the respondent for further determination. Catchwords: ADMINISTRATIVE LAW – administrative review - Government Information – whether information already provided – whether information otherwise available – refusal to deal with application - whether substantial and unreasonable diversion of agency's resources – consideration of s 60(3A) and (3B) factors Legislation Cited: Administrative Decisions Review Act 1997 Freedom of Information Act 1989 Government Information (Public Access) Act 2009 Cases Cited: Cianfrano v Director General, Premier's Department [2006] NSWADT 137 Colefax v Department of Education and Communities (No. 2) [2013] NSWADT 130 Commissioner of Police v Danis [2017] NSWCATAP 7 Ruyters v Commissioner of Police [2020] NSWCATAD 223 Hanna v NSW Ministry of Health [2019] NSWCATAD 21 Loussikian v University of Sydney [2018] NSWCATAD 140 Category: Principal judgment Parties: Saeed Dezfouli (Applicant) Justice Health & Forensic Mental Health Network (Respondent) Representation: Applicant (Self Represented) Respondent (Legal Officer) File Number(s): 2020/00188079