Fisher v Queanbeyan Palerang Regional Council [2022] NSWCATAD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fisher v Queanbeyan Palerang Regional Council [2022] NSWCATAD 48 Hearing dates: 18 January 2022 Date of orders: 11 February 2022 Decision date: 11 February 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: (1) The decision under review is set aside. (2) The access application is remitted to the Council under s 65 of the ADR Act for reconsideration. (3) Within 4 weeks of the date of these orders, the Council is to inform the Applicant of the outcome of the reconsideration. (4) Within 2 weeks after that date the Applicant is to advise the Council and the Tribunal whether he 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 8 April 2022 at 9:30am. (6) I grant all parties leave to appear by telephone on the next occasion. Catchwords: ADMINISTRATIVE LAW – administrative review – Government information – initial refusal to deal with an access application as it would require an unreasonable and substantial diversion of the agency's resources - new decision disclosed information informally – matter remitted to respondent for reconsideration under s 65 of the Administrative Decisions Review Act 1977 (NSW) for reconsideration Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Freedom of Information Act 1989 (NSW) Government Information (Public Access) Act 2009 (NSW) Roads Act 1993 (NSW) State Records Act 1998 (NSW) Cases Cited: Cianfrano v Director General, Premier's Department [2006] NSWADT 137 at [62] Colefax v Department of Education and Communities (NSW) No 2 [2013] NSWADT 130 at [27] Commissioner of Police v Danis [2017] NSWCATAP 7 at [43] John Leo Fisher v The Queen [2019] NSWDC 297 Ruyters v Commissioner of Police [2020] NSWCATAD 223 at [18], [24] Category: Principal judgment Parties: John Fisher (Applicant) Queanbeyan-Palerang Regional Council (Respondent) Representation: Solicitors: Applicant (Self-Represented) Mr A Turland (Respondent) File Number(s): 2021/00167059 Publication restriction: Not applicable