Hickey v Secretary, Department of Education [2021] NSWCATAD 306

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hickey v Secretary, Department of Education [2021] NSWCATAD 306 Hearing dates: 30 - 31 August 2021 Date of orders: 22 October 2021 Decision date: 22 October 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: I make the following orders: (1) The decisions under review are set aside. (2) The application is remitted to the Respondent under s 65 of the Administrative Decisions Review Act 1997 (NSW) for reconsideration. (3) Within 8 weeks of the date of these orders, the Respondent is to inform the Applicant of the outcome of the reconsideration. (4) Within 4 weeks after that date the Applicant is to advise the Respondent and the Tribunal whether she wishes to: a. Continue with the review of the varied or new decision; or b. Withdraw the application for review. (5) The matter is listed for directions or dismissal on 21 January 2022 at 9:30am. (6) I grant all parties leave to appear on 21 January 2022 by way of either AVL or telephone. Catchwords: ADMINISTRATIVE LAW – administrative review – Government information – refusal to deal with application – whether substantial and unreasonable diversion of agency's resources – consideration of ss 60(3A) and (3B) factors Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Government Information (Public Access) Act 2009 (NSW) Freedom of Information Act 1989 (NSW) Freedom of Information Act 1982 (Cth). Cases Cited: Amos v Western NSW Local Health District; Arnold v Western NSW Local Health District [2017] NSWCATAD 359 Cianfrano v Director General, Premier's Department [2006] NSWADT 137 Colefax v Department of Education and Communities (No. 2) [2013] NSWADT 130 Commercial Union Assurance Co (Australia) Limited v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Commissioner of Police v Danis [2017] NSWCATAP 7 Commissioner of Police, NSW Police Force v Barrett [2015] NSWCATAP 68 Dezfouli v Justice Health and Forensic Mental Health Network [2021] NSWCATAD 189 Hanna v NSW Ministry of Health [2019] NSWCATAD 21 Learmouth v Secretary, Department of Education [2020] NSWCATAD 109 Loussikian v University of Sydney [2018] NSWCATAD 140 Ruyters v Commissioner of Police [2020] NSWCATAD 223 Samandi v NSW Department of Communities and Justice [2020] NSWCATAD 286 Singh v Legal Aid Commission (No 2) [2015] NSWCATAD 5 Zonnevylle v Department of Education and Communities [2016] NSWCATAD 49 Category: Principal judgment Parties: Vanessa Hickey (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: A Zheng (Applicant) D Lloyd (Respondent) Solicitors: Gilbert & Tobin (Applicant) Moray & Agnew (Respondent) C Higgins (Information Commissioner) File Number(s): 2021/00059128 Publication restriction: Not applicable