Walker v Northern Beaches Council [2022] NSWCATAD 8

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Walker v Northern Beaches Council [2022] NSWCATAD 8 Hearing dates: 13 December 2021 Date of orders: 11 January 2022 Decision date: 11 January 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: P French, Senior Member Decision: The application is dismissed. Catchwords: ADMINISTRATIVE LAW – Government Information (Public Access) Act 2009 – restraint order preventing unmeritorious access applications - application for approval to make an access application – whether there is jurisdiction to deal with the application – where notice of the application was not given to the Information Commissioner prior to the application being made – whether such notice is a jurisdictional fact – whether proposed access application is misconceived – whether the apparatus or delivery system of a decommissioned web site is government information – whether proposed access application is for a wrongful purpose – where the objective of the access application is to require the agency to make a policy decision concerning the re-enlivening of a decommissioned web site – whether the proposed access application is lacking in substance – where there are no reasonable grounds to believe the information sought by the proposed access application exists – where web site was built by a third party under license – whether an order should be made prohibiting the applicant from making any further application for approval to make an access application Legislation Cited: Administrative Decisions Act 1997 (NSW) Building and Construction Industry Security of Payment Act 1999 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Government Information (Public Access) Act 2009 (NSW) Home Building Act 1989 (NSW) Interpretation Act 1987 (NSW) Local Government Act 1993 (NSW) Local Government (Council Amalgamations) Proclamation 2016 Workers Compensation Act 1987 Cases Cited: Alchin v Rail Corporation NSW [2012] NSWADT 142 Baserite Constructions Pty Lyd v Tanios [2020] NSWCATAP 77 BDK v Department of Education and Communities [2015] NSWCATAP 129 Berowra Holdings Pty Ltd v Gordon [2006] HCA 32 Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd [2010] NSWCA 190 Hossain v Minister for Immigration and Border Protection [2018] HCA 34 Lam v Steve Jardin Motors Pty Ltd [2016] NSWCATAP 186 Lo v Chief Commissioner of State Revenue (2013) 87 ALJR 618 Maygood Australia Pty Ltd v The Owners – Strata Plan No 85338 [2020] NSWCATAP 237 Pittwater Council v Walker [2015] NSWCATAD 34 R v Australian Broadcasting Tribunal; Ex parte 2HD Pty Ltd (1979) 144 CLR 45 S & G Homes Pty Ltd t/as Pavillion Homes v Owen [2015] NSWCATAP 190 Walker v Northern Beaches Council [2016] NSWCATAD 161 Walker v Northern Beaches Council [2021] NSWCATAD 277 Walker v Pittwater Council [2015] NSWCATAD 198 Walker v Pittwater Council [2015] NSWCATAD 222 Walker v Pittwater Council [2016] NSWCATAD 78 Water Conservation and Irrigation Commission (NSW) v Browning (1947) 74 CLR 492 Texts Cited: Agreement in Principle Speech, Government Information (Public Access Bill 2009, Government Information (Information Commissioner) Bill 2009, Government Information, (Public Access) (Consequential Amendments and Repeal) Bill 2009, 17 June 2009 NSW Parliament, Explanatory Note, Government Information (Public Access) Bill 2009, 16 June 2009 Category: Principal judgment Parties: Philip Walker (Applicant) Northern Beaches Council (Respondent) Representation: Philip Walker (Self-represented) Wiltshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2021/00233726 Publication restriction: Nil