Zonneyville v Secretary, NSW Department of Education [2022] NSWCATAD 56

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zonneyville v Secretary, NSW Department of Education [2022] NSWCATAD 56 Hearing dates: 20 December 2021 Date of orders: 20 December 2021 Decision date: 18 February 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: R Perrignon, Senior Member Decision: 1) The Applicant's application for permission to record the case conference is declined. 2) The Applicant's application for recusal is declined. Catchwords: PRACTICE AND PROCEDURE – directions hearing – request to record hearing on own device refused - recusal Cases Cited: Zonnevylle v NSW Department of Justice [2021] NSWCATAD Category: Procedural rulings Parties: Peter Zonnevylle (Applicant) Secretary, Department of Education (Respondent) Representation: Applicant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2021/00337143 Publication restriction: None

REASONS FOR DECISION 1. On 19 November 2021, Mr Zonnevylle commenced these proceedings, seeking orders that the Department of Education grant him access to certain information under the Government Information (Public Access) Act 2009. 2. He appeared at case conference on 20 December 2021. The conference was conducted by telephone as part of the Tribunal's response to the COVID-19 pandemic. 3. Pursuant to section 62 of the Civil and Administrative Tribunal Act 2013 (CAT Act), Mr Zonnevylle requests a written statement of reasons for certain decisions made at the case conference. Of the decisions listed in his request, only the following were in fact made: 1. Decision to decline his application for permission to record the case conference pursuant section 9(2)(a) of the Court Security Act 2005. 2. Decision to decline his application that I recuse myself. 1. The background to, and reasons for those decisions, are set out below. Mr Zonnevylle requested that the Information Commissioner appear. To assist Mr Zonnevylle in that regard, the respondent agreed to notify the Commissioner of the proceedings. I noted that agreement and, as is usual for proceedings of this kind, the Commissioner's right to be heard in the proceedings. No decision was made in respect of the respondent's agreement to inform the Commissioner.