Hariz v Commissioner of Police, NSW Police Force [2021] NSWCATAD 353

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hariz v Commissioner of Police, NSW Police Force [2021] NSWCATAD 353 Hearing dates: On the papers Date of orders: 24 November 2021 Decision date: 24 November 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Goodman SC, Senior Member Decision: The application for review dated 27 June 2020 is dismissed. Catchwords: PROCEDURE – time limits – application under Government Information (Public Access) Act 2009 (NSW) – where application lodged out of time – principles to be applied – whether reasonable excuse for the delay in making the application – whether decision under s 127 of the Government Information (Public Access) Act 2009 (NSW) to refuse to waive fee payable under s 41 of the Government Information (Public Access) Act 2009 (NSW) is reviewable Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Interpretation Act 1987 (NSW) Cases Cited: CGU Workers Compensation (NSW) Pty Ltd v Department of Planning and Environment [2018] NSWCATAD 32 Commissioner of Police v Danis [2017] NSWCATAP 7 Frugtniet v Administrative Decisions Tribunal (Appeal Panel) [2005] NSWCA 257 Johnston v Department of Education and Communities [2013] NSWADT 132 Malliate v Commissioner of Police, NSW Police Force [2021] NSWCATAD 56 National Tertiary Education Union v Southern Cross University [2015] NSWATAD 151 Page v Southern Cross University [2017] NSWCATAP 89 Saleam v Sydney Local Health District [2020] NSWCATAD 77 Thomson v Sydney Trains [2015] NSWCATAD 257 Turner v Commissioner of Police, NSW Police Force [2014] NSWCATAP 4 YG v Minister for Community Services [2002] NSWCA 247 Texts Cited: Nil Category: Principal judgment Parties: Raed Hariz (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: B Hoyles (Guardian ad litem) (Applicant) Crown Solicitor (Respondent) File Number(s): 2020/00193262 Publication restriction: Nil