Jackson v University of New South Wales (No 4) [2021] NSWCATAD 239

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jackson v University of New South Wales (No 4) [2021] NSWCATAD 239 Hearing dates: On the papers Date of orders: 16 August 2021 Decision date: 16 August 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The application to reinstate the proceedings is dismissed. Catchwords: Administrative Law – practice and procedure – dismissal of proceedings for non-appearance – dismissal of proceedings for want of prosecution – application for reinstatement of proceedings – whether jurisdiction to reinstate proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 Government Information (Public Access) Act 2009 Cases Cited: Jackson v University of New South Wales [2019] NSWCATAD 224 Wallace v Price [2017] NSWCATAP 151 Category: Principal judgment Parties: Trevor Jackson (Applicant) University of New South Wales (Respondent) Representation: T Jackson (Self Represented)

Solicitors: Legal Office of the University of New South Wales (Respondent) File Number(s): 2019/00404081

Reasons for Decision

Introduction 1. This is an application for the reinstatement of the proceedings ("the reinstatement application"). On 11 December 2020 the Tribunal dismissed the matter on two bases: 1. Pursuant to section 55(1 )(c) of the Civil and Administrative Tribunal Act 2013 ("the NCAT Act), on the basis that the Applicant failed to appear at the hearing; and 2. Pursuant to section 55(1)(d) of the NCAT Act, on the basis that the Tribunal considered that there had been a want of prosecution of the proceedings. 1. Section 55(2) of the NCAT Act states that "The Tribunal may reinstate proceedings that have been dismissed under subsection (1)(c) if the Tribunal considers that there is a reasonable explanation for that failure." 2. The history of this matter does not appear to be in dispute. The Respondent provided a reasonable chronology of the background to the reinstatement application. 3. The substantive proceedings arise from the Applicant's access application under the Government Information (Public Access) Act 2009 ("the GIPA Act"). The Applicant sought access to information held by the Respondent. The Respondent determined the access application in March 2018. The Applicant was not satisfied with the determination and requested an internal review. He was not satisfied with the determination of the internal review and applied to the Tribunal for external review of the decision. 4. In October 2019 Senior Member Higgins delivered a decision in relation to that application: Jackson v University of New South Wales [2019] NSWCATAD 224 ("the October 2019 Decision"). She affirmed the Respondent's decision in respect of 194 records; granted the Applicant access to 60 records; and remitted the matter for reconsideration in relation to the remaining information. 5. The Applicant was provided access to the information that Senior Member Higgins determined were to be released. 6. The Respondent made a new decision in relation to the aspect of the application that had been remitted for redetermination ("the Remitted Decision"). In the Remitted Decision the Respondent determined that: 1. the Applicant was to be given full access to 49 records; 2. the Applicant was to be given partial access to 79 records; and 3. access to 27 records was refused. 1. The Applicant filed a Notice of Appeal in respect of the October 2019 Decision. Shortly afterwards the Applicant filed an application for review of the Remitted Decision. The application for review of the Remitted Decision is the basis of the current proceedings.