DVT v Commissioner of Police [2021] NSWCATAP 337

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DVT v Commissioner of Police [2021] NSWCATAP 337 Hearing dates: On the papers Date of orders: 29 October 2021 Decision date: 29 October 2021 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President M Harrowell, Deputy President Decision: (1) The order dispensing with a hearing of this appeal is affirmed. (2) Appeal dismissed. (3) The Respondent must file and serve within 14 days any submissions it wishes to make in support of an order for costs of the appeal. (4) The Appellant has 14 days thereafter to file and serve any submissions in opposition to the Respondent's submissions on costs of the appeal. (5) The parties' submissions on costs of the appeal should include whether Appeal Panel may decide costs of the appeal "on the papers" and thus dispense with a hearing on costs of the appeal. Catchwords: ADMINISTRATIVE LAW- appeal against dismissal of application for adequate statement of reasons- whether tribunal has power to order an adequate statement of reasons from the administrator Legislation Cited: Administrative Decisions Review Act 1997 (NSW) formerly called the Administrative Decisions Tribunal Act 1997 (NSW) Administrative Decisions Tribunal Rules1998 (NSW) Civil & Administrative Tribunal Act 2013 (NSW) Privacy and Personal Information Act1998 (NSW) Security Industry Act, 1997 (NSW) Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2009] NSWADT223 AVS Group of Companies Pty Ltd v Commissioner of Police [2009]NSWSC1391 AVS Group of Companies Pty ltd v Commissioner of Police (No2)[2014]NSWCATAP53 Category: Principal judgment Parties: DVT (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: K Smith, Crown Solicitor (Respondent) File Number(s): 2021/00056044 formerly AP 21/02272 Decision under appeal Court or tribunal: New South Wales Civil & Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2020] NSWCATAD 299 Date of Decision: 14 December 2020 Before: C Ludlow (Senior Member) File Number(s): 2020/00141477