New v Ku-Ring-Gai Council [2021] NSWCATAD 263

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: New v Ku-Ring-Gai Council [2021] NSWCATAD 263 Hearing dates: 24 February 2021 (final submissions received 5 March 2021) Date of orders: 13 September 2021 Decision date: 13 September 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Goodman SC, Senior Member Decision: 1. The implied decision ("Decision") of the respondent under s 58(1)(b) of the Government Information (Public Access) Act 2009 that it does not hold any information responsive to the access application other than the documents listed in the Schedule of Documents attached to its decision dated 7 August 2020 is remitted to the respondent pursuant to s 65 of the Administrative Decisions Review Act 1997 for reconsideration. 2. The respondent is to affirm the Decision, vary the Decision or set it aside and make a new decision in substitution, in accordance with s 65(2) of the Administrative Decisions Review Act 1997, and to provide reasons, both to the applicant and the Tribunal, within 28 days of the date of these Orders. 3. The applicant is to inform the Tribunal and the respondent whether he wishes to proceed with the application for review of the Decision, or withdraw his application in respect of that decision, within 49 days of the date of these Orders. 4. If the applicant decides to proceed with his application for review, he is to request the Registry to relist the matter for directions when he informs the Tribunal of his decision in accordance with Order 3 above. Catchwords: ADMINISTRATIVE LAW – access to government information – access application –review of decision that information not held by an agency Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Government Information (Access) Act 2009 Cases Cited: CLT v Department of Education [2021] NSWCATAD 249 Commissioner of Police v Danis [2017] NSWCATAP 7 Wojciechowska v Commissioner of Police [2020] NSWCATAP 173 Category: Principal judgment Parties: Michael Lincoln New (Applicant) Ku-Ring-Gai Council (Respondent) Representation: Solicitors: Applicant (Self-represented) Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2020/00310948