Ritson v Commissioner of Police [2022] NSWCATAP 223

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ritson v Commissioner of Police [2022] NSWCATAP 223 Hearing dates: 10 June 2022 Date of orders: 06 July 2022 Decision date: 06 July 2022 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member Dr J Lucy, Senior Member Decision: (1) Leave to appeal is refused. (2) The Appeal is dismissed. (3) The reasons for decision of the Tribunal dated 14 March 2022 in proceedings 2020/141477 and 2020/178009 are not to be published, other than to the parties and the Privacy Commissioner, for a period of 14 days following publication of the Appeal Panel's reasons for decision but publication in such decisions of the citations to the other proceedings where the Appellant/Applicant was assigned a pseudonym is prohibited. (4) Pursuant to section 64(1)(a) and (c) of the Civil and Administrative Tribunal Act 2013 the disclosure of the name of the Appellant/ Applicant and publication of evidence given in the proceedings and of matters containing documents lodged with the Tribunal which identify the Applicant is prohibited except insofar as required for the Respondent to enforce any costs orders made in proceedings 2022/89773, for a period of 14 days following publication of the Appeal Panel's reasons for decision. (5) The operation of order 1 made on 14 March 2022 in proceedings 2020/141477 and 2020/178009 is stayed for a period of 14 days following publication of the Appeal Panel's reasons for decision, except in so far as required for the Respondent to enforce any costs orders made in proceedings 2022/89773. Catchwords: APPEAL – whether self-represented litigant was denied procedural fairness in not being advised that he bore an evidentiary onus of proof. PRACTICE AND PROCEDURE – application to revoke non-publication order – whether a non-publication order made in proceedings under the Privacy and Personal Information Protection Act 1998 should be revoked Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Cases Cited: 2ND v 2ND [2020] NSWCATAP 34 AHB v HSW Trustee and Guardian [2017] NSWCATAP 79; House v R (1936) 55 CLR 499 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Chen v NSW Land & Housing Corporation [2020] NSWCATAP 238 Collins v Urban [2014] NSWCATAP 17 Director-General, Department of Finance and Services v Porter [2014] NSWCATAP 6 DLH v Nationwide News Ltd [2018] NSWCATAD 92 Edwards v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATAP 208 House v The King (1936) 55 CLR 499 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Pollock v Hicks [2015] NSWCA 122 Rassis v Anaz [2019] NSWCATAP 25 Re Association of Architects; ex parte Municipal Officers Association of Australia (1989) 63 ALJR 298 Rassis v Anaz [2019] NSWCATAP 25 Re Association of Architects; ex parte Municipal Officers Association of Australia (1989) 63 ALJR 298 Ritson v Commissioner of Police, New South Wales Police Force [2019] NSWCA 106 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 Van Zyl & Anor v Rentstar [2021] QCATA 120 Waters v Waghorn [2016] NSWCATAP 247 Texts Cited: None Category: Procedural rulings Parties: Brendan Ritson (Appellant) Commissioner of Police (Respondent) Representation: Brendan Ritson (Self-represented) Crown Solicitor (Respondent) File Number(s): 2022/00086226, 2022/00089773 Publication restriction: These reasons for decision are not to be published, other than to the parties and the Privacy Commissioner, for a period of 14 days following publication to the parties. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2022] NSWCATAD 88, [2022] NSWCATAD 89 Date of Decision: 14 March 2022 Before: P French, Senior Member File Number(s): 2020/00141477, 2020/00178009